Facts

Erika Pospichal sued Simone Aguilar and Juanita Aguilar in connection with a motor vehicle collision that allegedly occurred in April 2013. Juanita Aguilar, the owner of defendant's vehicle was eventually let out of the case and the matter continued against Simone Aguilar only.

PLAINTIFF'S CONTENTIONS:
Plaintiff was allegedly driving along Interstate 5 in San Diego when defendant S. Aguilar rear-ended her. The impact caused her to strike the vehicle ahead. Plaintiff was injured as a result and sued defendant driver and the owner of the vehicle for negligence and vicarious liability.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claimed injuries, claiming she only suffered sprains and strains that should have resolved within weeks of the accident.

Settlement Discussions

Poschipal demanded $9,499 in settlement, which S. Aguilar countered with a CCP 998 offer of $6,000.

Damages

Poschipal sought $6,373 for the damage to her vehicle; $6,787 in past medical expenses (reduced to $3,795); plus $15,000 to $20,000 in pain and suffering damages.

Injuries

Pospichal injured her spine and her non-dominant left arm. She supposedly lost the curve in her spine and suffered from musculoskeletal spasms. She experienced pain and burning in her neck that radiated to her left arm. As a result, she had difficulty gripping, which made it difficult to practice her art or hold her baby.

Result

The jury found in favor of Poschipal and awarded her $4,500 in total damages. Since defendant Simon Aguilar beat her CCP 998 offer she was awarded final judgment, and a monetary award, after all costs were added in, of $2,716.13.

Other Information

FILING DATE: Oct. 30, 2014.

Deliberation

1.5 hours

Length

three days