Case details

Collision caused by tire being shot out, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, neck
FACTS
On Nov. 15, 2011, plaintiff Cahinquea Cooper, a 35 year old on disability, was driving east on International Boulevard in Oakland while accompanied by her two minor children, Demore Foster and Nicole Shannon. At approximately 4:45 p.m., while entering the intersection with 64th Avenue, Cooper was sideswiped by a spinning vehicle operated by Articia Roane, who lost control while making a left turn from northbound 64th Avenue onto westbound International Boulevard. Cooper claimed to her neck and back. Cooper, Demore, and Nicole sued Roane and a passenger in Roane’s vehicle, Rick Hale. Cooper alleged that Roane was negligent in the operation of her vehicle. Cooper was not able to locate and serve Hale, who was ultimately not pursued as a defendant. In addition, Cooper’s children, Demore and Nicole, did not pursue their claims at trial. Cooper’s counsel contended that Roane made a negligent left turn maneuver while traveling at an unsafe turning speed, which caused Roane to lose control of her vehicle and spin 180 degrees before striking the driver side of Cooper’s vehicle. Roane disputed liability under the sudden emergency doctrine. She contended that just prior to the accident, while traveling on northbound 64th Avenue, an unknown individual on the west side of the street pointed a gun at her vehicle and fired a number of times. Roane claimed that, in a panic, she accelerated and attempted a left turn onto westbound International Boulevard, which caused her vehicle to spin out of control. Roane concluded that one of the bullets struck and punctured her vehicle’s left, rear tire, deflating it and causing the vehicle to spin out. She claimed she then fled the accident scene on foot, still fearing for her life. Defense counsel presented testimony from the responding police officer, who claimed he observed a bullet hole in the left, rear tire of Roane’s vehicle., Cooper was taken by ambulance to an emergency room with complaints of neck and back pain. She was diagnosed with soft-tissue strains and sprains, and had one follow-up visit with her general practitioner. Cooper claimed she is now fully healed from her , with no need for any future care. Thus, she sought recovery of $1,500 in past medical costs (the lien amount) and recovery of general damages for her past pain and suffering. Defense counsel did not dispute the nature or extent of Cooper’s alleged and damages.
COURT
Superior Court of Alameda County, Oakland, CA

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