Plaintiff Dismisses & Pays Costs – Minor Plaintiff v. France – Solano County

Headshot of Robert F BennettRecently, Rob Bennett secured a victory in a case which arose following a minor accident in 2013. At the time, plaintiff, a minor, was driving with her father to Six Flags Marine World.  Rob’s client, a certified nursing assistant was merging on to Interstate 80 from Highway 37 when traffic came to a sudden stop and she collided with the rear of the plaintiff’s vehicle.  Plaintiff alleged injuries to her neck and back.  Plaintiff failed to file a property damage report with the insurance company for a year and a half after the accident.  Even so, the insurance company was unable to find any residual damage from the accident.

Rob discovered upon deposing the plaintiff that she went on to Six Flags that day and even rode several rides.  While plaintiff testified that she experienced problems moving her neck, arms and legs from the accident through the date of her deposition, Rob presented a video of the plaintiff dancing secured in his background check.   Plaintiff asserted her medical bills totaled $3,657 and then served a 998 for $3,999.

Trial was set for January, 2014, however, before the parties could proceed to final preparation plaintiff agreed to dismiss the entire case.  Plaintiff also agreed to reimburse Rob’s client for their costs, presenting a check to Rob’s client for $1,183 with the filed dismissal.

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