Friday, April 23, 2010

Auto Accident Butte County, Chico

Stewart Galbraith, managing attorney for the Penney and Associates Chico office recently took a case to trial. See Khan v. Inslee, Docket Number 142644. This case involves a car accident that occurred on E. 5th Avenue in Chico, CA.

In Sum. On July 7, 2007, plaintiff Rifat Khan was driving her 2004 Lexus West on E. 5th Avenue, approaching its intersection with Mangrove Avenue. Meanwhile, defendant jeffrey D. Inslee, a 42 year-old retail business owner, was driving a 2000 BMW south on Mangrove, approaching the same intersection. The intersection was controlled with a standard traffic signal. Plaintiff arrived at the intersection and brought her car to a complete stop at the limit line due to a red light facing her direction. When her light was green, plaintiff proceeded into the intersection with the intent to travel straight. Just after reaching the middle of the intersection her vehicle was hit by defendants. Defendant claimed that he had the green light and that Plaintiff entered on a red. There were no witnesses.

This was a very difficult case for plaintiff's counsel to win as the burden of proof was on plaintiff to prove that defendant indeed ran the red light. Plaintiff suffered a left wrist sprain, jammed left index finger, neck and back pain. Plaintiff's condition resolved after approximately 6 months. The demand from plaintiff was $9,999 and the offer by defendants was $2,500. The insurance company for the defendant was confident that they would win the case. The defendant and his insurance company hired a traffic reconstruction expert to persuade the jury. Plaintiff's counsel hired no experts but relied on cross examination of the expert to prove his case.

The jury held for Plaintiff and awarded damages against the defendant in the amount of $20,000.00.