Virginia Davis v. Christina Nicks
Published: Jun. 5, 1999 | Result Date: Sep. 24, 1998 | Filing Date: Jan. 1, 1900 |Case number: SCV32486 Verdict – $1,539
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
William D. Shapiro
(Law Offices of William D. Shapiro)
Defendant
Experts
Plaintiff
James E. Cheeley
(medical)
Facts
On Oct. 17, 1995, plaintiff Virginia Davis, a 31-year-old employee of a Temporary Service at the time of the accident, was traveling eastbound on 40th Street. She stopped to make a left turn at the Acre, was rear ended by the defendant and pushed into oncoming traffic (westbound) and plaintiff's Ford Escort was broadsided by another vehicle. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The case had been arbitrated with the arbitrator's award being $6,700. The plaintiff filed a statutory offer to settle the matter for the award of $6,700 plus costs. The defendant offered a total of $4,000.
Specials in Evidence
$3,368 $439
Injuries
The plaintiff sustained soft tisse, neck and shoulder injuries.
Other Information
The jury verdict was $1,439 for special damages and an additional $100 for general damages for a verdict of $1,539. The plaintiff filed a motion for new trial which was denied. Because defendant did not file a statutory offer, plaintiff also filed a Memorandum of Costs for a total of $3,629.68 which when added to the juries verdict, the total verdict was $5,168.68. The defendant filed a trial de novo.
Deliberation
six hours
Poll
9-3
Length
two days
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