Facts

On March 3, 2005, defendant Jeanette Freeman was pulling her station wagon away from a gas station pump, located on Branham Lane and Jarvis Avenue in West San Jose, when she hit plaintiff Virginia Days, a 73-year-old retired California Superior Court judge as she tried to exit between the station office and first line of pumps. Plaintiff sued defendant for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant caused the accident by being inattentive.

DEFENDANT'S CONTENTIONS:
Defendant contended plaintiff could have avoided the accident by taking a safer route to exit the gas station. Plaintiff was turning in defendant's blind spot, which caused the accident. Defendant argued plaintiff suffered minimal injuries, some of which were pre-existing.

Damages

Plaintiff sought an unspecified amount for past and future medical expenses as well as pain and suffering.

Injuries

Plaintiff suffered multiple injuries, including aggravation of her pre-existing arthritis' cervical strain; left elbow contusion; lumbar sprain superimposed on degenerative disc disease; radiculopathy; and thoracic spine sprain, which became chronic and required physical therapy.

Result

The jury returned a defense verdict.

Other Information

Insurer: CSAA-IIB for Freeman.

Deliberation

45 minutes

Poll

12-0

Length

three days