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Personal Injury
Auto v. Auto
Broadside Collision

Margarita Aguayo v. Kenneth Owens

Published: Aug. 30, 2014 | Result Date: May 6, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 112CV238240 Verdict –  Defense

Court

Santa Clara Superior


Attorneys

Plaintiff

John M. Anderson

Manuel Reynoso


Defendant

Jessica A. Nudelman

Scott C. Stratman


Experts

Plaintiff

Christopher Gayner
(technical)

Christian Foglar
(medical)

Edward L. Bennett M.A.
(technical)

Defendant

Benjamin J. Ewers III
(technical)

Grady Jeter
(medical)

Facts

Margarita Aguayo filed suit against Kenneth Owens based on a motor vehicle accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was riding in her husband's car on Dec. 24, 2011, when defendant crashed into the side, front area of their vehicle. Plaintiff claimed defendant was driving out of a parking lot at the time and should have yielded for plaintiff's vehicle.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff's shoulder issues could have come from a prior accident or another reason, and that her testimony was very inconsistent. Defendant argued that she falsified her account regarding missed time at work.

Settlement Discussions

Plaintiff demanded $50,000 and the defense offered $25,000.

Result

The jury found in favor of the defense.

Length

seven days


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