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

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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.