Facts

In May 2007, plaintiff Danny Dadamo, a limousine driver, was driving on First Street in Santa Rosa when he collided with a vehicle being driven by defendant Brenda Montanez.

Dadamo sued Montanez, alleging she violated his right of way.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Montanez was pulling off of Highway 29 and onto First Street and had just come off of a stop sign when she hit the front of Dadamo's vehicle.

DEFENDANT'S CONTENTIONS:
Montanez admitted liability but contested the nature and extent of Dadamo's injuries.

Settlement Discussions

Plaintiff demanded $100,000; defendant offered $30,000, by way of a CCP 998 offer.

Injuries

Dadamo claimed to suffer from headaches, neck pain, left shoulder pain, low back pain, bilateral knee pain, and thigh numbness. Dadamo also claimed aggravation to his preexisting low back condition and developed cataracts in both eyes due to head trauma. Dadamo received numerous epidural steroid injections for the low back pain he suffered. Defendant presented evidence that Dadamo had been seen at a clinic three months prior to the accident where he reported chronic low back pain and received Vicodin to manage the pain. Defendant also claimed that Dadamo did not seek medical treatment related to the accident until two weeks after the accident when he finally went to a local emergency room complaining of neck and left shoulder pain. There was no recorded report of Dadamo suffering from low back pain until six weeks after the accident.

Result

The jury awarded plaintiff $10,000 in damages.

Other Information

Because defendant's CCP 998 offer was greater than the jury's award and her costs of litigation exceeded the amount of the verdict, plaintiff agreed to file a dismissal of the complaint in return for defendant's waiver of costs.

Deliberation

three hours

Poll

7-1

Length

four days