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Personal Injury
Auto v. Auto

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

Mark D. Wenzel


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


#98652

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