Facts

Defendant Abraham Lopez was traveling westbound on Santa Monica Boulevard in West Hollywood when he rear-ended the plaintiff's stopped van and pushed it forward in to the vehicle ahead. The plaintiff's 1987 Dodge Ram van sustained moderate front and rear damage, which was a total loss. The defendant's 1999 Ford F350 truck had significant front-end damage estimated to cost $7,087 to repair. No police were called.

Plaintiff Lee, a 63-year-old male, was diagnosed with cervical, thoracic, and lumbar sprain with myospasm; right shoulder sprain/strain; bilateral lower extremity paresthesia; chest contusion; and headache. Thirty-three treatments were provided. Five months post loss the plaintiff was referred for a single consult with orthopedist after which he returned to the chiropractor's office where treatment resumed unchanged. A year and a half post accident, plaintiff saw acupuncturist who provided 47 treatments. The plaintiff complained of continuing neck and upper back pain.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that all treatment was needed to alleviate his complaints.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff's 80 treatments were excessive and if plaintiff did not improve within one month, treatment should stop.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $45,000. The defendant made a C.C.P. Section 998 offer for $6,000 plus costs. The offer later increased to $10,000, though not per C.C.P. Section 998.

Specials in Evidence

$6,875; waived; none;

Damages

The plaintiff waived his $10,000 loss of earning claim when the judge granted defendants' motion in limine disallowing and supporting documentation at trial because it was not produced during discovery.

Result

$6,000 for plaintiff.

Other Information

Because the defendant's C.C.P. Section 998 to plaintiff was for $6,000 including plaintiff's costs, the defendant will submit their cost bill, including expert fees.

Deliberation

three hours

Length

two days