Tsedale Tomlinson v. Kasanda Pangburn
Published: Jul. 7, 2007 | Result Date: Apr. 3, 2007 | Filing Date: Jan. 1, 1900 |Case number: RG-05-238602 Verdict – $233,757
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Deborah T. Bjonerud
(Jeanette N. Little & Associates)
Experts
Plaintiff
Craig McDermit
(medical)
Kevin Louie
(medical)
Sarah Elsen
(medical)
George H. Wu
(medical)
Defendant
Thomas G. Sampson M.D.
(medical)
Facts
Plaintiff, Tsedale Tomlinson, was rollerblading on a Berkeley street when she slammed into defendant, Kasanda Pangburn, who was making a right turn at the crosswalk Tomlinson had just entered.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued defendant was fully liable because plaintiff entered the intersection on a green light.
DEFENDANT'S CONTENTIONS:
Defendant conceded plaintiff had been in the intersection when plaintiff struck her car.
Specials in Evidence
Plaintiff sought to recover between $19,425 in past medical bills, $27,500 in future medical costs, as well as $11,492 for out-of-pocket costs. As a result of not being able to work for ten months, plaintiff sought between $14,000 and $20,340 in lost wages.
Damages
Plaintiff sought $800,000 in past and future pain and suffering.
Injuries
Plaintiff was diagnosed with a fractured right tibial plateau, and a mild concussion which caused residual headaches and short-term memory loss. Further, plaintiff had open reduction surgery where hardware was inserted and later removed. Plaintiff subsequently underwent physical therapy for the fracture and allegedly suffered from post-traumatic stress disorder as a result of her injuries.
Result
The jury found defendant to be fully liable and awarded plaintiff $233,757 in damages.
Other Information
After trial, defendant agreed to pay plaintiff's attorney fees in the amount of $6,661.
Deliberation
10.5
Poll
12-0 (economic damages); 10-2 (past pain & suffering); 9-3 (future pain and suffering)
Length
six days
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