The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident lawsuit and its proceedings.)
PLAINTIFF’S TRIAL BRIEF
PARTIES
Plaintiff Monica Johnson is represented by the XYZ Law Group. Defendants Theresa Black and James Black are represented by ABC Law Group.
BRIEF STATEMENT OF FACTS
This action arises out of injuries that Monica Johnson suffered in an automobile vs. automobile accident that occurred on March 31, 2009. At the time of the accident, Ms. Johnson was driving her 1998 Toyota Camry eastbound on Highway 50 just east of Watt Avenue in the city of Sacramento, California. Defendant, James Black was driving his 2007 BMW X-5, failed to stop for traffic and struck Ms. Johnson’s vehicle from behind in a heavy impact. A copy of the Traffic Collision Report is attached hereto and it indicates Mr. Black was clearly at fault. Ms. Johnson’s vehicle was totaled as a result of the accident. Photographs of the damage to Ms. Johnson’s Camry and a copy of the repair estimate are attached.
PLAINTIFF’S CONTENTION
Liability is not an issue.
PLAINTIFF’S SPECIAL DAMAGES
Despite being properly restrained, Ms. Johnson struck her head on the interior of the vehicle during the accident and experienced neck and back pain.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
She returned home following the accident and attaempted to treat with rest but after two days of increasing pain, she presented to Donald Hall, D.C. on April 2, 2009. Ms. Johnson reported neck pain and stiffness and reported nausea with vomiting and difficulty sleeping. Upon examination, Dr. Hall noted tenderness and spasm as well as limited range of motion and diagnosed Ms. Johnson with cervical and thoracic sprain/strain injuries. He recommended a regimen of chiropractic treatment and pain medication as needed. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.