Facts

On the night of May 25, 2011, a car driven by plaintiff Carl Cloud stalled while driving northbound on Brand Blvd. in Glendale. Plaintiff exited and stood on the opposite sidewalk, calling for a tow truck. Defendant Alika Cooper's car stopped behind plaintiff's car. When signal ahead turned green, defendant moved forward without realizing plaintiff's car was stalled. Defendant rear-ended plaintiff's car.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that while defendant was pulling over to the right curb after the first impact, her car clipped plaintiff's vehicle and hit it a second time. Plaintiff contended that at that moment, he was standing at the driver side of his car with his right foot in front of the rear wheel. Defendant's second impact forced the car forward onto his foot, which caused him to fall backward and down, injuring his neck, low back, hip and his foot. Plaintiff also claimed that defendant intentionally rammed his car a second time, causing these injuries.

Plaintiff claimed that defendant was negligent for hitting his car from behind on the second impact, and this is what injured him.

DEFENDANT'S CONTENTIONS:
Defense contended that there was no physical damage to the rear of plaintiff's car, and that plaintiff never told the police about the alleged second impact. Defendant contended she bumped plaintiff's car, then backed up and waited for plaintiff who never did approach her. After 10 minutes, she pulled to the right slowly and waited at the curb, but plaintiff still didn't come over to engage her, so she left. At that point, plaintiff started yelling at her to stop, but she left. Police were later called and defendant was cited for leaving the scene.

Defendant admitted she bumped plaintiff car the first time, while he was out of the car and far away from it, but denied hitting plaintiff's car a second time and/or that his body was ever hit by or caused to move by any car impact.

Settlement Discussions

Plaintiff made a CCP 998 demand of $99,000. Defendants made no offer.

Injuries

Plaintiff claimed a foot injury of swelling and possible fracture. Plaintiff also claimed neck injury of a herniated C4-5 disc, which required surgery including fusion with a cage implant and the need for a second surgery later, with additional shots, injections and rhizotomies. Plaintiff claimed he had lumbar pain that required three epidural and facet joint injections, and hip and foot pain that ultimately resolved. Defense contended that plaintiff did not seek treatment for his foot for three days, never mentioned his back or neck, and did not seek treatment for his back or neck for 12 days. Plaintiff also admitted to an extensive history of auto accidents, workers' compensation injuries and neck and back injuries for many years.

Result

Defense verdict. The jury found that the second collision, that allegedly injured plaintiff, was not proven.

Other Information

FILING DATE: May 24, 2013.

Deliberation

1.75 hours

Poll

11-1 (defendant was not negligent)

Length

six days