Facts

Teresa Brown was traveling westbound on the right lane of Stockton Boulevard in Elk Grove with her two daughters. Elena Alcala was on the left lane traveling in the same direction as Brown. Alcala realized she missed her turn and moved into the center lane to attempt to make a right turn into a parking lot to head back in the opposite direction. As Alcala attempted to turn right onto the parking lot from the center lane, she struck Brown's driver's side door, causing Brown to lose control and strike a light pole. Brown and her older daughter suffered injuries as a result of the crash. They sued Alcala, and the owners of the vehicle, Jose and Rose Alcala for negligence, and vicarious liability.

The children's claims were settled prior to trial, and Alcala's parents were also dismissed from the case. As such, the matter continued against Alcala on Brown's claims. Alcala admitted liability.

Settlement Discussions

Prior to trial, plaintiff demanded $79,000 pursuant to CCP section 998. Defendant offered $30,000 pursuant to CCP section 998.

Damages

Brown claimed she will need 5-10 years of prescription medications and sought in excess of $500,000 in damages including noneconomic damages, according to plaintiff's counsel.

Injuries

Brown suffered soft tissue neck and back injuries from the accident and was taken by ambulance to the hospital. She underwent physical therapy and acupuncture treatment. She received facet injections and epidural steroid injections, which provided her relief, according to plaintiff. She underwent further epidural injections and lumbar nerve ablation, but claimed that those did not provide her with any relief. She continued to have problems with sitting or standing. She also claimed to suffer from post-traumatic stress disorder as a result of the accident from the fire department placing a sheet over her head and witnessing an injury to her daughter and serious emotional distress from witnessing an injury to her child.

Result

The jury found that Alcala's conduct was a substantial factor in causing Brown's injuries and awarded Brown $45,520 in damages. The jury, however, did not award for future medical costs or future pain and suffering. The award, therefore, included $27,474 in past medical cost; $10,545 in past lost earnings; and $7,500 in past pain and suffering.