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

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

Patrick Curry


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


#98621

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

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