Brandon Lane v. Aracely Orozco
Published: Jul. 16, 2005 | Result Date: May 3, 2005 | Filing Date: Jan. 1, 1900 |Case number: RG03110083 Verdict – $11,687
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)
Experts
Plaintiff
Tara Walsh
(medical)
Defendant
John W. Batchellar
(medical)
Facts
Brandon Lane, a 21-year-old disc jockey, was driving his 1989 Toyota Corolla in Pleasanton on Aug. 16, 2002. He was rear ended by a 1999 Chevrolet Suburban driven by Aracely Orozco while he waited at the intersection of First Street and Ray Street. The estimated cost to repair the Toyota was $2,845 and it was considered a total loss. Lane sued Orozco, alleging vehicular negligence. Orozco maintained that Lane stopped suddenly and that she was unable to stop in time.
Settlement Discussions
Lane demanded $4,999.99 (C.C.P. Section 998). Orozco offered $2,707.
Specials in Evidence
$5,970 $6,753
Damages
Lane asked the jury to award him $35,000 (defense counsel claimed that he sought $42,722). The defense asked the jury to limit the award to $2,248.
Injuries
Lane sought compensation for cervical, thoracic and lumbar strains/sprains for which he received chiropractic treatment. He claimed daily residual lumbar back pain. Orozco disputed the severity of the impact and whether it could have caused any of the claimed injuries or damages.
Result
The jury found for Lane and awarded him economic damages but awarded nothing for his alleged pain and suffering.
Other Information
The plaintiff filed a motion for expert costs and attorney fees pursuant to C.C.P. section 2033(0) in the amount of $32,830. The plaintiff also filed a memorandum of costs in the amount of $4,036;
Deliberation
1.5 hours
Poll
12-0 (liability), 12-0 (causation), 11-1 (damages)
Length
four days
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