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Personal Injury
Auto v. Truck
Negligence

Dennis Andreas O'Brien v. Contra Costa County Fire Protection District

Published: Sep. 28, 2004 | Result Date: Jun. 15, 2004 | Filing Date: Jan. 1, 1900 |

Case number: C0301549 Verdict –  $0

Judge

Walter D. Rogers

Court

Contra Costa Superior


Attorneys

Plaintiff

James E. Reed
(Nichols Catterton Downing & Reed)


Defendant

Monika L. Cooper
(Office of the Contra Costa County Counsel)


Experts

Plaintiff

Dean B. Tuft
(technical)

Sunil Desai
(medical)

Defendant

Jennifer Grayzar
(medical)

Rudy Degger
(technical)

Facts

Dennis O'Brien, a 47-year-old teacher, was driving his 1987 Ford Thunderbird north on I-680 on Aug. 7, 2002. After he took the exit for Treat Boulevard and was entering its intersection with Buskirk Avenue in Walnut Creek, he was struck by a Contra Costa Fire District truck responding to a fire with lights and sirens. O'Brien sued the Contra Costa Fire Protection District, alleging vehicular negligence.

Injuries

O'Brien claimed that he injured his back, neck, right knee and left middle finger in the accident, and that he suffered diminished hearing in his left ear.

Other Information

O'Brien's treating physician, Sunil Desai, testified that he could not determine whether O'Briens injuries were caused by the accident or by a separate incident that occurred nine days later. Defense emergency medicine specialist Jennifer Grayzar testified that O'Brien had no spinal tenderness when she examined him nine days after the accident.

Deliberation

3.75 hours

Poll

11-1

Length

five days


#98175

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