Facts

On Feb. 14, 2005, plaintiff Orlando Diaz was driving in the farthest right lane going north on Howe Avenue near Hallmark Drive, Sacramento. Kevin Williams cut off Diaz with his vehicle, causing Diaz to veer right so to avoid a collision. In doing so, Diaz crashed into a vehicle in a parking lot that was stopped and waiting to turn right on Howe. Diaz brought an action against Williams alleging he caused the accident with the third car.

DEFENDANT'S CONTENTIONS:
Williams claimed that the car driving in front of him did not have working brake lights. Thus, when this car suddenly halted, Williams quickly reacted by swerving left, which resulted in him cutting off defendant.

PLAINTIFF'S CONTENTIONS:
Diaz denied all allegations and called as a witness, the driver whose car allegedly lacked functional brake lights, to testify that his lights were actually in working condition and that he did not suddenly stop in front of plaintiff's car.

Settlement Discussions

A demand for $25,000 was made and an offer for $6,000 was returned.

Injuries

Diaz received medical treatment on the day of incident for back and neck pain as well as a claimed concussion. Later, it was determined Diaz did not have a concussions. He was released. Two days later, he was given x-rays as well as thoracic and lumbar spine MRIs showing loss of signal and height at C7 absent herniation plus some straightening of the lumbar lordosis. After Diaz complained of continuous neck and back pain, he received physical therapy. He testified at trial that he still felt pain in his neck and back; that his doctor said these conditions would not improve. Diaz claimed he could not work for ten days. The defense asserted that Diaz suffered soft-tissue harm and that he recovered well. Further, an independent medical examiner claimed that Diaz's injuries were fully healed three months after the incident.

Result

A jury found in favor of Diaz and found Williams 100 percent at fault, awarding to the plaintiff $135,000 in damages.

Other Information

The insurer was Allstate Insurance Co.

Deliberation

three hours

Poll

8-0 (on liability); 7-1 (on damages)

Length

three days