Facts

On Jan. 14, 2014, at 6:30 p.m., plaintiff Ana G. De Nunez, 55, a cook, and her nephew, Carlos Perez, 33, a mechanic, were allegedly traveling in a 2000 Nissan Exterra owned by De Nunez, northbound on Benson Ave. at the intersection with Riverside Drive in Chino. As the Nissan entered the intersection, a Ford Focus operated by defendant Fabio Ortega, 19, and owned by his mother, Fabiola Marchant, made a left turn from southbound Benson onto Riverside Drive in front of the Nissan, causing the Nissan to collide with the Ford.

The accident was investigated by the Chino Police Department. In his report, the investigating officer concluded that Perez was driving the Nissan at the time of the accident without a driver's license. He made no mention of De Nunez having been a passenger in the vehicle at the time of accident in his report. Moreover, the police report made no reference to any injuries by either De Nunez or Perez. The officer did not issue any citations.

One month after the accident, De Nunez and Perez filed a supplemental report with the Chino Police Department, claiming De Nunez was the driver of the Nissan and that Perez was a front seat passenger at the time of accident.

PLAINTIFF'S CONTENTIONS:
De Nunez and Perez claimed Ortega was negligent, causing the accident and their resultant soft tissue injuries. They also alleged De Nunez was driving the Nissan at the time of the accident and Perez was a front seat passenger in the vehicle.

DEFENDANT'S CONTENTIONS:
Defendants claimed Perez was the driver and only occupant of the Nissan. Ortega testified at trial that after the accident, the parties pulled their vehicle into a gas station located at the corner of the intersection. Ortega observed Perez driving the vehicle as it pulled up next to his vehicle in the parking lot. He also observed Perez talking on a cell phone as he drove into the gas station. He attempted to talk to Perez but he was unable to communicate with him since Perez did not speak English. Shortly after pulling into the gas station, Ortega observed De Nunez running across Benson Ave. toward the gas station (it was established that De Nunez and Perez resided with their families in an apartment one block from the scene of the accident). After arriving at the scene, De Nunez claimed she was driving the Nissan at the time of the accident, and Perez was a front seat passenger. Thereafter, Ortega called the police.

At trial, defense argued that Ortega had no reason to lie, since he accepted responsibility for the accident. Defense also argued that plaintiffs had a motive, since Perez was an undocumented alien without a driver's license. Under California law, De Nunez's vehicle could have been impounded and Perez could have been cited. In addition, defense argued that plaintiffs concocted the story for monetary gain.

Settlement Discussions

Plaintiffs demanded $25,000. Defendants offered a CCP 998 offer of $1,000 for Perez, and a CCP 998 waiver of costs for De Nunez.

Specials in Evidence

$13,290 (Nunez); $11,915 (Perez) Neither plaintiff made claims for loss of earnings or loss of earning capacity.

Damages

The Nissan was deemed a total loss. Since Ortega accepted liability, defendants' insurance carrier settled De Nunez's property damage for $3,261. Marchant's Ford sustained major damage to the passenger, the repair estimate for which exceeded $7,000.

Injuries

De Nunez allegedly sustained headaches, and pain in her neck, mid-back, lower back, right shoulder, right arm/elbow and right leg. She was given therapy on 25 occasions. While treating at Cedar Medical Group, she underwent MRI scans of her cervical and lumbar spines. She received lumbar epidural injections. While she never saw any medical providers after being discharged at Cedar Medical Group, she claimed she still experiences constant pain in her lower back and right leg. Perez allegedly sustained headaches and pain in his neck, mid-back, lower back and right shoulder. He was given therapy on 29 occasions. He underwent MRI scans of his cervical and lumbar spines. At trial, he testified he had no residual complaints.

Result

The jury returned a defense verdict, finding Ortega's negligence was not a cause of plaintiffs' injuries.

Other Information

EXPERT TESTIMONY: Milton E. Legome, M.D., testified that the medical services rendered to plaintiffs, and the charges therefore, were neither reasonable nor necessary. He also opined there was no indication for the MRI scans plaintiffs underwent or the lumbar epidural injections De Nunez received. He also pointed that Perez told Dr. Heilaki he had pain in his left shoulder and left upper chest from the seat belt (which Dr. Legome explained is consistent with an injury to the driver of a vehicle as opposed to a front seat passenger). Thomas Murtaugh testified the forces imposed on the occupants of the Nissan as a result of the accident were within the range of forces a person experiences in his everyday activities. INSURER: Mercury Insurance Group. FILING DATE: Sept. 19, 2014.

Deliberation

30 minutes

Poll

12-0

Length

five days