$152,500 verdict for back injuries in minor impact collision. Alameda County.
Summary
Cab rear-ends car at stop light; minimal vehicle damage. Defense CCP 998 offer of $30,000. Plaintiff had low back decompression surgery. Jury said $152,000.
The Case
- Case Name: Odom v. Friendly Cab et. al
- Court and Case Number: Alameda County Superior Court / RG12650512
- Date of Verdict or Judgment: Thursday, February 20, 2014
- Date Action was Filed: Tuesday, October 02, 2012
- Type of Case: Vehicles - Auto vs. Auto
- Judge or Arbitrator(s): Hon. Robert McGuiness
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Plaintiffs: Joe Odom, 49, personal trainer
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Defendants: Friendly Cab; Amanuel Woldelassie (cab driver)
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $152,500
- Net Verdict or Award: Same
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Award as to each Defendant:
Friendly Cab, as owner of the cab, was only responsible for $15,000. Defendant cab driver Woldelassie, is liable for balance of judgment; insurance carrier defended and indemnified both defendants.
- Contributory/Comparative Negligence: None.
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Economic Damages:
$102,500.
Past Medical: $38,000
Future Medical: $22,500
Wage loss: $32,000
Future wage loss: $10,000 -
Non-Economic Damages:
$50,000.
Past Pain and suffering: $35,000
Future Pain and suffering: $15,000 -
Punitive Damages:
N/A
- Trial or Arbitration Time: 1 week
- Jury Deliberation Time: 1 1/2 days
- Jury Polls: Various on special verdict form.
- Post Trial Motions & Post-Verdict Settlements: N/A
The Attorneys
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Attorney for the Plaintiff: Terry D. Buller, P.C. by Terry D. Buller, Oakland.
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Attorney for the Defendant: Bennett Samuelsen Reynolds & Allard by David Samuelson, Alameda.
The Experts
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Plaintiff’s Medical Experts: Stephen Brown, M.D., Berkeley.Thomas Mampalam, M.D., neurosurgery, Berkeley.
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Defendant's Medical Experts: Noeman Livermore,M.D., orthopedic surgery, Walnut Creek.
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Plaintiff's Technical Experts: None.
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Defendant's Technical Experts: None.
Facts and Background
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Facts and Background:
On November 11, 2011 plaintiff stopped at the intersection of Heggenberger and Doolittle in Oakland to make a right-hand turn and was struck from behind by defendant's taxi cab.
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Plaintiff's Contentions:
That plaintiff stopped to make right turn, struck from rear by defendant cab.
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Defendant's Contentions:
That there was no visible damage to the cab and less than $500 property damage to plaintiff's rear bumper.
Defendants contested the nature and cause of plaintiff's injuries.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Soft tissue injuries to plaintiff's neck and back. Plaintiff had decompression surgery to his low back.
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Plaintiff had been involved in construction work, but had not worked in that field for 6 years because of the recession. Plaintiff had been working as a personal trainer and pastor in the 2 years before the accident. Plaintiff contended that with the upswing in the economy, he would have returned to construction work if not for the accident.
Special Damages
- Special Damages Claimed - Past Medical: $44,000
- Special Damages Claimed - Future Medical: $25,000
- Special Damages Claimed - Past Lost Earnings: $40,000-90,000/yr
- Special Damages Claimed - Future Lost Earnings: $30,000-40,000
Demands and Offers
- Plaintiff §998 Demand: $75,000
- Defendant §998 Offer: $30,000