v. Werner Enterprises
Filed
5/3/10 Pendeleton v. Werner Enterprises
CA5
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
KAREN PENDLETON,
Plaintiff and
Respondent,
v.
WERNER ENTERPRISES, INC. et
al.,
Defendants and
Appellants.
F056880
(Super.
Ct. No. 07CECG00538)
APPEAL from
a judgment of the Superior Court of Fresno
County. John F. Vogt, Judge.
Harrington,
Foxx, Dubrow & Canter and Susan A. Watson for Defendants and Appellants.
Law Offices
of Wagner & Jones, Nicholas J.P. Wagner, Andrew B. Jones and Lawrence M.
Artenian for Plaintiff and Respondent.
-ooOoo-
Plaintiff
suffered personal injuries
when her automobile was rear-ended by a tractor-trailer driven and owned by
defendants. The jury determined that
defendants' negligence caused the collision and awarded plaintiff $5,700 and
$1,200 for past medical expenses and past wage loss, respectively, and $11,400
in general damages. Plaintiff also
requested that she be awarded $150,000 for future back surgery expenses and
$10,000 for future wage loss attributable to undergoing that surgery. The jury awarded plaintiff the full amount
for future medical and earnings loss.
Both sides' motions for a new trial were denied by the trial court. Only defendants have appealed. We conclude that plaintiff's violation of an
order in limine prejudiced defendants.
Therefore, we remand to the trial court for a new trial on damages only.
BACKGROUND
The subject vehicular accident occurred on April 8,
2005. Plaintiff was treated at the
emergency room of a local hospital. At
the referral of her attorney, she was seen by Dr. Richard Goka, a Fresno
physician specializing in physical
and rehabilitation medicine, from May to October 2005, at which time she
moved to Reno, Nevada. Dr. Goka saw
her thereafter periodically until June 21, 2006, when he reported that she had
reached her maximum medical improvement.
At that time, he â€
| Description | Plaintiff suffered personal injuries when her automobile was rear-ended by a tractor-trailer driven and owned by defendants. The jury determined that defendants' negligence caused the collision and awarded plaintiff $5,700 and $1,200 for past medical expenses and past wage loss, respectively, and $11,400 in general damages. Plaintiff also requested that she be awarded $150,000 for future back surgery expenses and $10,000 for future wage loss attributable to undergoing that surgery. The jury awarded plaintiff the full amount for future medical and earnings loss. Both sides' motions for a new trial were denied by the trial court. Only defendants have appealed. Court conclude that plaintiff's violation of an order in limine prejudiced defendants. Therefore, we remand to the trial court for a new trial on damages only. |
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