Californians who suffer serious injuries in accidents because of negligence may be entitled to recover compensation for their losses. However, as the decision in Stokes v. Muschinske
, Cal. Ct. App, Case No. B280116 demonstrates, it is important to properly value your claim and that you do not overreach. Even when jury misconduct might have occurred, it may not be enough to secure a new trial when your damages award is much less than what you expected.
Factual and procedural background
Plaintiffs James Stokes and Patricia Stokes were traveling in their car on March 28, 2013. Defendant Martin Muschinske was operating a pickup truck with a horse trailer at the same time. The truck and trailer were fully loaded, and Muschinske rear-ended the Stokes’s car, causing serious injuries to James Stokes.