CV 098380, Jenny McCormick v. Edith Tadena, filed 10/6/09

Plaintiff’s Attorney:  Daniel J. O’Neill

Verdict: $410,000                                     Dept. 2 Hon. Jac A. Crawford

Plaintiff’s vehicle was stopped on highway 101 at the intersection with SR-46 when it was rear-ended by Defendant, forcing a second impact with a truck in front of Plaintiff.  Plaintiff developed thoracic outlet syndrome and facet injuries and received associated treatment totaling $79,000.  Defense admitted liability for the accident but disputed causation, claiming Plaintiff was a malingerer and suffering from somatoform disorder.  Jury awarded all past medical expenses of $79,000, future medical expenses of $250,000, and non-economic damages of $81,000.  Defendant’s policy limit was $500,000.  Defendant’s insurance carrier had rejected a policy limit settlement demand made by both Plaintiffs.  Another passenger in the same vehicle received a jury verdict of $725,280.02 during an earlier separate trial.

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