Facts

Plaintiff Rafael Aguilar was driving a Ford Explorer on northbound I-405, with his wife, plaintiff Lidia Alfaro, when the defendant Rene Rivera negligently struck the rear of their vehicle. An ambulance took the defendant and the plaintiffs to a hospital.

PLAINTIFFS CONTENTIONS:
The plaintiffs contended that the accident caused soft tissue injury to Aguilar and injury to Alfaro, which would require her to undergo cervical epidural injections and an arthroscopic knee surgery. DEFENDANT

The plaintiffs contended that the accident caused soft tissue injury to Aguilar and injury to Alfaro, which would require her to undergo cervical epidural injections and an arthroscopic knee surgery. DEFENDANT CONTENTIONS:
The defendant admitted liability, but asserted that the plaintiffs' cases were subject to Proposition 213 for not having liability insurance. The defendant also contended that Alfaro was not a candidate for surgery of any kind. The plaintiff asserted that the defendant disputed liability.

Settlement Discussions

At a mediation, Alfaro demanded $45,000. According to the defendant, just prior to trial, Aguilar demanded $5,000 (the plaintiff disputes this). Alfaro made no demand. The defendant offered Alfaro $6,000 and Aguilar $4,000.

Specials in Evidence

$8,679 (Aguilar); $12,226 (Alfaro) $1,500 (Aguilar)

Result

The jury awarded Aguilar $1,799 and Alfaro $2,265. No non-economic damages were awarded.

Deliberation

one day

Length

four days