Kathleen Hart v. Daniel J. Vickers Jr.
Published: Jun. 12, 2010 | Result Date: Feb. 25, 2010 | Filing Date: Jan. 1, 1900 |Case number: SCV 24470 Verdict – $11,937
Court
Placer Superior
Attorneys
Plaintiff
Dennis B. Hill
(D.B. Hill APLC)
Defendant
Jeremy M. Jessup
(Dolan Law Firm PC)
Experts
Plaintiff
Stephen Leamons
(medical)
Brett Pinkney
(medical)
Aubrey A. Swartz
(medical)
Defendant
Michael Serra
(medical)
Scott A. Lipson
(medical)
Facts
On March 17, 2007, plaintiff Kathleen Hart was driving on Horseshoe Bar Road in Loomis when she slowed, signaling for a right turn. She was yielding to a pedestrian when her car was rear-ended by a vehicle driven by defendant Daniel Vickers.
Contentions
PLAINTIFF'S CONTENTIONS:
Hart filed suit against Vickers, alleging motor vehicle negligence.
DEFENDANT'S CONTENTIONS:
Vickers admitted liability. He claimed he was going approximately 25 mph when he took his eyes off the road and, when he looked up, he saw Hart slowing and tried to stop before the collision.
Damages
Hart sought past medical expense of $14,833, as well as past pain and suffering damages.
Injuries
Hart claimed her left shoulder and arm were numb at the scene of the accident and was taken to the emergency room where a physical exam revealed neck tenderness and diagnostic studies were normal. She subsequently complained of back pain and nausea to her primary care provider and went back to the ER where she was diagnosed with neck and back pain. Hart received physical therapy and was diagnosed with acute cervical and lumbar strain. On May 1 and July 6, Hart told her primary care doctor she had shoulder spasms and lower back pain. She received chiropractic treatment beginning on March 19, 2008 for limited range of motion in her neck and lower back.
Result
The jury awarded Hart $11,937.
Deliberation
two hours
Length
three days
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