Extent of soft-tissue injuries disputed after rear-ender. $113K. Ventura County.

Summary

Defendant driver makes U-turn in front of plaintiff; she rear-ends him.

The Case

  • Case Name: Sherry Cooksey v. Derrick Morris
  • Court and Case Number: Ventura County Superior Court/ 56-2018-00507313
  • Date of Verdict or Judgment: Friday, December 20, 2019
  • Date Action was Filed: Friday, January 26, 2018
  • Type of Action: Vehicles - Auto vs. Auto, Vehicles - U Turn
  • Judge or Arbitrator(s): O'Neill
  • Plaintiffs:
    Sherry Cooksey
  • Defendants:
    Derrick Morris
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $113,500
  • Economic Damages:

    $53,500

  • Non-Economic Damages:

    $60,000

  • Trial or Arbitration Time: 3 days.
  • Jury Deliberation Time: 3 hours.
  • Jury Polls: 12-0

The Attorneys

  • Attorney for the Plaintiff:

    Quirk Law Firm, LLP by Trevor Quirk, Ventura.

  • Attorney for the Defendant:

    Raffalow, Bretoi, Lutz & Stele by Kevin Barry, Newbury Park.

The Experts

  • Plaintiff’s Medical Expert(s):

    Alan Moelleken, M.D., orthopedic surgery, Santa Barbara.

    Joseph Combs, D.C., chiropractic, Oxnard.

  • Defendant's Medical Expert(s):

    Jeffrey Korchek, M.D., orthopedic surgery, North Hollywood.

    Lawrence Harter, M.D., radiology, Santa Barbara.

Facts and Background

  • Facts and Background:

    On November 10, 2016, plaintiff was driving her 2002 Nissan Maxima on SR-34 in Ventura when defendant made an illegal U-turn in front of her. Plaintiff attempted to avoid the collision but rear-ended defendant's vehicle.

     

  • Plaintiff's Contentions:

    Plaintiff contended she was injured from the incident and her medical bills were reasonable and necessary. 

  • Defendant's Contentions:

    Defendant admitted liability, but argued all treatment, except Kaiser and 4-6 weeks of chiropractic care was unreasonable an unnecessary. 

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff sustained soft tissue injuries. Plaintiff went to Kaiser three days after the incident, and a chiropractor 11 days later. She treated with the chiropractor for two years in 90+ visits. Her chiropractic bill was $11,000, all on a lien. Plaintiff also sought treatment from Dr. Moelleken at the Spine & Orthopedic Center where she eventually received an injection, all on a lien.

Demands and Offers

  • Plaintiff §998 Demand: $35,000
  • Defendant Final Offer before Trial: $10,000

Additional Notes

Insurer: Mercury

 

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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