Facts

In 2004, Plaintiff Joshua Hoye was driving on Highway 99 preparing to exit. He came to a stop at the end of the off ramp and was rear-ended by a vehicle driven by Defendant Michael Lee. Hoye sued Lee, alleging negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant struck him because he was not paying attention while driving. In addition, the plaintiff contended that the defendant was driving over the speed limit at approximately 40 to 45 mph. The plaintiff's counsel explained that the plaintiff did not seek medical treatment until 26 days after the accident because he was initially trying to avoid treatment, but eventually decided to seek it because of the pain.

DEFENDANT'S CONTENTIONS:
The defendant conceded liability, but claimed that because his vehicle sustained no damage in the accident and the plaintiff's vehicle sustained little damage, he could not have been going as fast as the plaintiff contended. Concerning the plaintiff's injuries, the defense contended that the impact of the accident was not strong enough to have caused the plaintiff's neck injuries. The defense supported this contention by pointing out that the plaintiff decided to seek medical treatment 26 days after the accident occurred. Further, months before this accident, the plaintiff hit a utility pole head-on going 45 mph, but suffered no injuries.

Settlement Discussions

The plaintiff demanded $4,800 and the defendant offered $1,001.

Damages

The plaintiff requested $5,000 in damages. This amount included medical costs.

Injuries

The plaintiff claimed soft-tissue injuries to his neck. He sought chiropractic treatment.

Result

$2,743 for medical costs.

Deliberation

2.5 hours

Poll

12-0

Length

two days