McKibbin v. Cairney

Filed 9/6/06 McKibbin v. Cairney CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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KATHERINE McKIBBIN,

Plaintiff and Respondent,

MARMER CAIRNEY,

Defendant and Appellant.

C047638

(Super. Ct. No. 01AS05431)

Plaintiff Katherine McKibbin suffered injuries when defendant Marmer Cairney broadsided her car. A jury awarded McKibbin $255,000 in damages. Cairney challenges the jury's award, contending juror misconduct marred the trial. Cairney also argues the trial court erred in denying his motion for a new trial on the grounds of excessive damages and insufficiency of the evidence. McKibbin filed a motion for sanctions against Cairney for filing a frivolous appeal. We shall affirm the judgment and deny McKibbin's request for sanctions.

FACTUAL AND PROCEDURAL BACKGROUND

Cairney does not contest liability for the automobile accident in which McKibbin suffered injuries on December 31, 1999. McKibbin filed a complaint alleging personal injury, which Cairney answered.

A jury trial followed. Since Cairney contests the sufficiency of the evidence, we briefly summarize the pertinent trial testimony.

Dr. Jonathan Beck

Jonathan Beck, M.D., had served as McKibbin's physician since 1986. Prior to 1989 McKibbin never complained about knee, back, neck, elbow, or wrist pain. In May of 1989 McKibbin briefly experienced right knee strain. McKibbin made no further complaints about pain between May 1989 and the accident.

McKibbin saw Beck one week after the accident. Prior to her visit, McKibbin eased the pain with heat and took ibuprofen. McKibbin reported soreness on the right side of her body, stretching from her neck to her leg. These symptoms spread to her left side.

McKibbin told Beck the accident â€

Description	Plaintiff suffered injuries when defendant broadsided her car. A jury awarded Plaintiff $255,000 in damages. Appellant challenges the jury's award, contending juror misconduct marred the trial. Appellant also argues the trial court erred in denying his motion for a new trial on the grounds of excessive damages and insufficiency of the evidence. Plaintiff filed a motion for sanctions against Appellant for filing a frivolous appeal. Court affirm the judgment and deny Appellant's request for sanctions.
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