Facts

Bryan Montalbano came to a stop at a red light at an intersection in Fresno. A vehicle driven by George Smith rear-ended Montalbano's Mercedes. The Mercedes belonged to Montalbano's father who sold used cars. The Mercedes was allegedly insured, however the insurer claimed it was not because Montalbano's father never informed the insurer that he had obtained the vehicle. Claiming injuries, Montalbano filed a lawsuit against Smith, alleging negligent operation of a motor vehicle. Smith conceded liability for the accident. However, he disputed causation and damages.

DEFENDANT'S CONTENTIONS:
A defense expert challenged the extent of damage to the plaintiff's vehicle which was estimated at approximately $5,000. The defense also challenged the extent of the plaintiff's injuries by introducing into evidence a video that showed the plaintiff pushing a vehicle. The video footage was taken after the accident.

Settlement Discussions

The plaintiff demanded an amount between $120,000 and $150,000 and the defendant offered $12,000 (C.C.P. 998).

Specials in Evidence

$150,000.

Damages

The defendant's vehicle repair costs totaled $100 even though the original estimate was $577.81.

Injuries

The plaintiff's injuries consisted of pain in his neck and back, numbness in his lower extremities and headaches. The plaintiff underwent chiropractic treatment.

Result

$3,000. Due to the issue regarding the Mercedes' lack of insurance, the plaintiff was not entitled to recover general damages.

Deliberation

two hours

Length

three days