Facts

On Sept. 16, 2004, defendant Ki Cho backed his car into plaintiff Susan Carillo, a custodian for defendant employer Barrett Business Services Inc. (Barrett) in San Jose, as she swept up leaves and debris in the company parking lot. Plaintiff sued defendant for motor vehicle negligence and sought workers' compensation from her employer. Barrett was self-insured for workers' compensation claims and brought an independent subrogation action against plaintiff to recover the benefits it had paid to plaintiff. Plaintiff settled with Cho for $7,000. The subrogation proceeded to a jury trial against Cho.

DEFENDANT'S CONTENTIONS:
Defendant contended plaintiff sustained minor strain to the shoulder and upper torso. Defendant further claimed that the rotator cuff injury was unrelated to the accident.

Damages

Plaintiff's employer sought $54,000 in paid benefits and medical expenses plus $70,000 in projected future benefits and expenses.

Injuries

Plaintiff suffered injury to her rotator cuff and shoulder.

Result

The jury found that the benefits paid to plaintiff constituted $1,621. The court entered judgment for this amount.

Deliberation

two hours

Poll

12-0

Length

five days