Facts

The case arose from an accident involving three motor vehicles on July 7, 2007, in Chico. Plaintiff Rifat Khan, age 31, was operating her 2004 Lexus westbound on E. 5th Avenue, approaching its intersection with Mangrove Avenue. Meanwhile, defendant Jeffrey Inslee was operating a 2000 BMW southbound on Mangrove, approaching the same intersection. The intersection is controlled with a standard traffic signal. Both parties intended to travel straight through the intersection. However, the defendant's driver's side front struck the plaintiff's passenger front side. The impact caused plaintiff's Lexus to spin within the intersection. Defendant's BMW immediately went out of control, careening through the intersection, eventually colliding with the rear of a vehicle stopped on the west side of Mangrove approximately 65 feet south of the intersection. The stopped vehicle was occupied by Araceli Chavez, who was not injured and was not a party to the case.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that when she first arrived at the intersection, she brought her vehicle to a complete stop at the limit line due to a red traffic light facing her direction. When her light turned green, she proceeded into the intersection. She was unexpectedly struck by defendant's vehicle in the middle of the intersection.

Plaintiff witness, Araceli Chavez, testified that she did not see either of the two other vehicles before the accident and, therefore, was of no direct assistance with regard to speeds, lanes of travels, or directions. However, she did testify that she had been eastbound on E. 5th Avenue when she arrived at the intersection with a red light facing her direction. She was the first in line. As soon as the light for her direction turned green, she made a right turn onto southbound Mangrove. After traveling the length of a few parking spaces, she stopped her vehicle in preparation to park. Her vehicle was then struck in the rear by defendant's BMW.

DEFENDANT'S CONTENTIONS:
The defendant contended that he was in the number one southbound lane of Mangrove Avenue when he entered the intersection at 30-35 mph with the benefit of a green light. He claimed that he first noticed the green traffic signal for his direction approximately 6-10 car lengths away, and the light never changed before he entered the intersection. He confirmed that he lost control of the BMW upon the initial impact, and that his car came to rest south of the intersection, on the west side of Mangrove Avenue. The defendant confirmed that plaintiff's Lexus came to rest in the middle of the intersection.

Defendant's witness, Veronica Marshall, testified that she was southbound on Mangrove Avenue behind the defendant. Although confused about other aspects of the accident, Marshall testified that the traffic light for the defendant was green when the defendant entered the intersection.

Settlement Discussions

The plaintiff made a C.C.P. section 998 demand of $9,999. The defendant made a C.C.P. section 998 offer of $2,500.

Specials in Evidence

$7,459.50

Injuries

The plaintiff suffered a sprained left wrist as well as a jammed left index finger, and also sustained soft tissue injuries to her neck and back. She was taken by ambulance to the emergency room and later treated with a chiropractor for three weeks.

Result

Verdict for $20,000 ($7,459.50 economic; $12,540.50 non-economic). The issue of liability was contested during the trial. The jury reached a unanimous decision on the issue of liability adverse to the defendant. The jury then awarded $12,541 in general damages on a soft tissue injuries case involving three weeks of active treatment (alleged six months of lingering pain).

Other Information

FILING DATE: March 7, 2008.

Deliberation

two hours

Poll

12-0 (liability and damages)

Length

two days