Extent of soft-tissue injuries disputed after rear-ender. $113K. Ventura County.
Defendant driver makes U-turn in front of plaintiff; she rear-ends him.
- 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
- Gross Verdict or Award: $113,500
- Economic Damages:
- Non-Economic Damages:
- Trial or Arbitration Time: 3 days.
- Jury Deliberation Time: 3 hours.
- Jury Polls: 12-0
- 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.
- 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