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KODE v. CARLSON

No. 08-36056.

596 F.3d 608 (2010)

Bhavanidas KODE, a Washington individual, Plaintiff-Appellant, v. Tara N. CARLSON, an Oregon individual, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2010.

Attorney(s) appearing for the Case

Joseph A. Grube, Ricci Grube Aita & Breneman, Seattle, WA, for the plaintiff-appellant.

Thomas W. Brown and Julie A. Smith, Cosgrave Vergeer Kester, Portland, OR, for the defendant-appellee.

Before: JEROME FARRIS, D.W. NELSON and MARSHA S. BERZON, Circuit Judges.

PER CURIAM:

I. Background

In March 2006, Tara Carlson struck a trailer being towed by a vehicle in which Bhavanidas Kode was a passenger. In June 2007, Kode brought a diversity action against Carlson claiming economic and non-economic damages totaling $1,000,000. Although Carlson admitted she was negligent and that her negligence caused Kode to suffer some injury, the nature and extent of the injury remained in dispute.

Kode and Carlson both testified...

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