William Easter v. Chong Livensparger
Published: Jun. 30, 2007 | Result Date: Apr. 13, 2007 | Filing Date: Jan. 1, 1900 |Case number: sv2453549 Verdict – $2,438
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Patrick E. O’Shaughnessy
(O'Shaughnessy Legal Counsel PC)
Experts
Plaintiff
James J. S. Holmes
(technical)
Defendant
Dan Layton
(technical)
Facts
On Sept. 9, 2002, plaintiff William Easter was driving his car on Hammer Lane in Stockton, when a vehicle driven by Chong Livensparger allegedly hit him from behind.
Claiming injuries, Easter sued Livensparger for motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff argued Livensparger was liable for the neck and back injuries Easter suffered due to the collision.
DEFENDANT'S CONTENTIONS:
Livensparger denied that he had hit Easter's vehicle and if he had, the damage was so minimal (only $675) that the force of the impact could not have possibly caused the injuries to which Easter complained.
Damages
Easter sought $4,160 in medical bills, $2400 for past lost wages, and unspecified damages for past pain and suffering.
Injuries
Easter sought treatment for pain in his back and neck after the accident, where he was diagnosed with a cervical strain and back strain. Easter was treated with physical therapy and claimed he could not work for one month. Livensparger claimed the accident did not cause Easter's injuries as demonstrated by Easter's medical records that showed a back injury before the alleged accident.
Result
The jury found Easter responsible for $2,438 in damages for past medical bills.
Deliberation
eight hours
Length
four days
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