Facts

The case involved a May 14, 2005 rear-end auto accident on the off-ramp from the eastbound I-10 Freeway to northbound Peck Road in El Monte. This is a clover-leaf style off-ramp with a stop sign for traffic merging from the off-ramp to northbound Peck Road.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended he was stopped for the stop sign at the bottom of the off-ramp when he was rear-ended by defendant. He testified the impact pushed his car forward two to three meters. He contended the accident caused him to sustain soft-tissue injuries to his neck, back, and low back which required him to seek medical treatment and therapy.

DEFENDANT'S CONTENTIONS:
Defendant contended there was no credible evidence that the impact was sufficient to cause the injuries of which plaintiff complained. Plaintiff waited six days prior to commencing treatment and continued to work while receiving treatment (first as a restaurant bus boy and later as a truck driver for a tree trimming service). Defendant argued the PD photos of the vehicles involved in the accident showed only minor damage. Defendant argued the testimony (by way of C.C.P. 98 declaration) and report of Dr. Lin were not credible and pointed to discrepancies between the symptoms reported by Dr. Lin and plaintiff's testimony.

Settlement Discussions

Plaintiff's 998 offer (Sept. 12, 2006): $2,999.99; Defendant's 998 offer (March 24, 2006): $2,400.

Damages

Medical Specials/prescription drug expenses: $3,052.43; plaintiff waived his loss of income claim and the property damage claim was resolved prior to suit.

Injuries

Soft tissue neck, back, low back.

Result

After 45 minutes of deliberation, and on a 12-0 poll, the jury returned a verdict in favor of defendant and against plaintiff, finding there was no causation.

Other Information

No post trial motions are anticipated. As prevailing party, defendant is preparing a Memorandum of Costs for filing.

Deliberation

0.75 hours

Length

6.5 hours