Danny Mu v. Anthony Pascua
Published: Jul. 22, 2006 | Result Date: Mar. 7, 2006 | Filing Date: Jan. 1, 1900 |Case number: 04AM10192 Verdict – Defense
Court
Sacramento Superior
Attorneys
Plaintiff
Kelly T. Smith
(The Smith Firm)
Defendant
Experts
Plaintiff
Tony Potter
(medical)
Defendant
Kenneth W. Heichman
(technical)
Facts
Plaintiff Danny Mu was in his car, stopped at a red light. Defendant Anthony Pascua's car struck the back end of plaintiff's vehicle. The plaintiff sued for negligent operation of a motor vehicle. The defendant conceded liability.
The plaintiff claimed various injuries, but the defendant disputed the nature and extent of those injuries.
The defendant pointed out that the accident occurred at low speeds, with hardly any property damage. He claimed plaintiff's injuries were due to a subsequent accident.
Specials in Evidence
Plaintiff's treatment consisted of 14 visits to the chiropractor in the course of one month, at a cost of $1,418. A lost wage claim was not established.
Injuries
The plaintiff claimed injuries to his neck and back, asserting that the pain persisted up until the time of trial.
Result
The jury found defendant's actions were not a substantial factor in plaintiff's injuries.
Other Information
The plaintiff's motion in limine to exclude evidence of the later accident was granted, however Plaintiff alluded to the evidence during his testimony. Testimony was then admitted as to the subsequent accident. According to defendant, Kelly T. Smith was trial counsel.
Deliberation
two hours
Poll
10-2
Length
seven days
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