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Personal Injury
Auto v. Auto
U-Turn, Construction Zone

Maritza Garcia v. Bert Ryan

Published: May 24, 2014 | Result Date: Jan. 16, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 56-2012-00427000-CL-PA-VTA Verdict –  $15,019

Court

Ventura Superior


Attorneys

Plaintiff

Craig J. Rodgers


Defendant

David N. Tedesco
(Henderson & Borgeson)


Facts

Maritza Garcia sued Bert Ryan, based on a traffic accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Garcia claimed that on Nov. 17, 2010, she was driving in Oxnard, when she was hit by another vehicle, driven by Ryan. Garcia argued that the accident was Ryan's fault, because he had been attempting to make an illegal U-turn in front of her.

DEFENDANT'S CONTENTIONS:
Ryan argued that the accident was Garcia's fault, because she had recklessly attempted to pass his vehicle and struck him.

Settlement Discussions

Garcia demanded $10,000 to settle, pursuant to CCP 998. Ryan offered $2,500.

Damages

Garcia requested $6,686 for her medical costs, $480 for her lost earnings, and $5,000 for general damages.

Injuries

Garcia suffered from strains and sprains in her back.

Result

The jury found that the accident was Ryan's fault, and awarded Garcia $15,019, as follows: $6,686 medical specials; $480 in loss of earnings; and $5,000 in past general damages. Garcia was also awarded $2,853 in costs.

Other Information

INSURER: Farmers Insurance Group of Companies.

Deliberation

four hours

Poll

9-3 (on question of liability for plaintiff), 12-0 (on question of medical specials for plaintiff), 12-0 (on question of general damages)

Length

one day


#94445

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