Facts

On Aug. 16, 2010, plaintiff Johnna Janis, a 33-year-old college student, was driving north on Morena Blvd. in San Diego. She stopped behind a Chevrolet Suburban driven by Patrick Wade, an executive for defendant WD-40 Co., who was stopped at a red light at the intersection of Morena and Napa St. Wade, put his car in reverse and crashed into the front of plaintiff's convertible. Plaintiff's head was turned to the right to look behind her at the time of the impact. No police or rescue came to the scene. Plaintiff drove home believing she was fine.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant was traveling between 7-12 mph.
Plaintiff contended that Wade decided spur of the moment that he needed to go to the dry cleaner behind him.

DEFENDANT'S CONTENTIONS:
Defendants did not dispute liability. Defendants argued that plaintiff's current symptoms are due to a subsequent automobile collision one year after her surgery, and a fall she suffered while walking her dog. Defendants also attempted to use sub rosa video of plaintiff playing volleyball at the beach, and photographs of her at Disneyland to demonstrate she was exaggerating her symptoms.

Settlement Discussions

Plaintiff made a CCP 998 demand of $550,000. Defendants made a pre-trial offer of $300,000.

Specials in Evidence

$102,551 $213,500

Injuries

Plaintiff alleged that the collision caused her need for cervical fusion surgery at C5-6 and C6-7 and that the original surgery she underwent at those levels is currently causing adjacent level disk disease at the site, and in her neck at C4-5. Plaintiffs' experts opined that this was a direct result of the first surgery, which was a direct result of the collision.

Result

Plaintiff's verdict for $1,666,051 as follows: $102,551 for past economic damages; $213,500 for future economic damages; $350,000 for past non-economic damages; and $1 million for future non-economic damages.

Other Information

FILING DATE: March 28, 2012.

Deliberation

one day

Poll

12-0 (causation), 12-0 (past and future medical specials), 9-3 (past and future general damages)

Length

six days