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
Defendant
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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