Facts

Plaintiff Pooroushab Parineh, 57, was driving on De Anza Boulevard in San Jose when he slowed to allow a car driven by Jaspal Randhawa to make a right turn in front him. Parineh's car was then rear-ended by defendant/cross-complainant Ricky Lam, who was driving at a low rate of speed. The plaintiff sued Lam for negligence. Lam did not dispute he was partially at fault, but cross-claimed against Randhawa, alleging comparative negligence.

PLAINTIFF CONTENTIONS:
The plaintiff contended that Randhawa made a safe right turn and that Lam had enough time to brake safely.

DEFENDANT/CROSS COMPLAINANT CONTENTIONS:
In his cross-complaint, Lam contended that Randhawa was at least 60 percent comparatively at fault for making an abrupt and unsafe right turn.

Settlement Discussions

The plaintiff demanded $11,261.23, plus costs. The defense offered $2,520.

Damages

The plaintiff claimed reduced medical bills of $4,800 and property damage of $2,056. He also sought damages for past and future pain and suffering. Additionally, to calculate non-economic damages, the plaintiff suggested to the jury that it should use two to three times his medical bills of $4,800 as a starting point. The plaintiff worked as a real estate investor/manager and initially claimed lost wages of $75,000 for three weeks of missed work, but he dropped this claim during trial.

Injuries

The plaintiff claimed soft tissue injuries to his shoulders and neck requiring pain management treatment for six months. Lam and Randhawa claimed that there was insufficient impact to cause any injury.

Result

The jury found Lam was 75 percent at fault and Randhawa 25 percent at fault. The jury also found that the plaintiff did not meet his burden of proof as to his physical injuries. Thus, it only awarded him property damage of $2,056.

Deliberation

three hours

Length

four days