This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

Sammi Allen v. Samantha Bera, Sonja L. Clark

Published: Mar. 2, 2013 | Result Date: Jan. 17, 2013 | Filing Date: Jan. 1, 1900 |

Case number: S-1500-CV-275541 Verdict –  $254

Court

Kern Superior


Attorneys

Plaintiff

Timothy J. Lemucchi
(Law Offices of Timothy J. Lemucchi)


Defendant

Alvin Andrade


Experts

Plaintiff

Michael Shaw
(technical)

Defendant

Donald R. Huene
(medical)

Peter M. Burkhard
(technical)

Facts

Sammi Allen was driving when she was rear-ended by Samantha Bera. Allen filed suit against Bera, alleging that she was negligent in the operation of her vehicle. She claimed injuries to her left shoulder, neck, and back.

Bera admitted liability, but contested damages. Specifically, Bera argued that Allen's left shoulder instability was a pre-existing, congenital defect that was not caused or worsened by the accident.

Damages

Allen sought $40,200 in past medical costs and $300,000 in general damages.

Injuries

Allen complained of pain to her left shoulder, neck, and back. She was diagnosed with global instability of her left shoulder. She underwent arthroscopic surgery on the shoulder and received physical therapy.

Result

Allen was awarded $254, the cost of her first medical bill.

Deliberation

half day

Poll

10-2 (defense)

Length

four days


#96000

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390