Facts

Melissa Yen was driving her car on Geary Blvd. when she was rear-ended by a vehicle operated by Cynthia Wu. Yen sued Wu for negligent operation of a motor vehicle. The matter proceeded to an expedited trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she stopped for a pedestrian at a marked crosswalk when she was rear-ended by defendant. She further contended that defendant was inattentive and failed to yield for pedestrian traffic. An eyewitness, who was a passenger in plaintiff's car, corroborated plaintiff's description of the events.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff swerved in front of her at the intersection and did not have enough time and space to avoid a collision. She further contended that plaintiff was negligent and was at least 50 percent at fault for the accident. She also claimed that there was no pedestrian walking in the crosswalk at the alleged time of the accident. Defendant also contended that plaintiff caused the accident and was owed no damages.

Damages

Yen sought damages for past medical costs and pain and suffering as well as rental car costs. Yen disputed the amount of damages, and claimed that Yen's damages, if any, should be limited to $750 for pain and suffering.

Injuries

Yen claimed injuries to her neck. She treated with a doctor few days after the accident, and was diagnosed with cervical strains and sprains. She followed up with almost three months of chiropractic care, and incurred $3,372.49 in chiropractic charges. Yen complained of headaches and neck pain and discomfort, which radiated down to her back affecting her daily activities. She claimed to have since made full recovery. Wu denied any liability and argued that Yen did not sustain any serious injury.

Result

The jury found Wu 70 percent at fault for the accident and plaintiff 30 percent. Yen was awarded $4,336 in damages for past medical costs, pain and suffering, and the car rental cost. The award was reduced by 30 percent to $3,035. Yen also received $1,662 in statutory expenses for a total award of $4,697.

Deliberation

2.5 hours

Length

two days