Facts

Samantha Kekua sued Thomas Behrle in connection with a motor vehicle accident that occurred in San Diego.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed she was stopped at a red light when defendant rear-ended her vehicle. Plaintiff alleged that defendant hit the accelerator again, hitting her a second time. Plaintiff, who suffered from scoliosis, suffered injuries as a result and sued defendant, alleging negligent operation of his vehicle.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of her injuries, claiming that her claimed neck injuries were unlikely related to the subject incident because she did not complain about it until months after the collision. Defendant argued that plaintiff only suffered a whiplash injury. Defendant also contended that the medical care plaintiff received was unrelated and unnecessary.

Settlement Discussions

Plaintiff made a CCP 998 demand of $49,999.99. Defendant made a CCP 998 offer of $9,001.

Injuries

Kekua claimed that the collision aggravated her pre-existing conditions. She sustained back injuries, including disc bulges and neck pain. Kekua claimed her pain persisted despite undergoing physical therapy and medication, especially the pain in her neck.

Result

The jury found in favor of Kekua and awarded her $10,526 in total damages, which included $4,826 in past medical expenses. The parties later reached a confidential settlement.

Other Information

FILING DATE: April 9, 2013.