Facts

On Aug. 25, 2005, a vehicle driven by Sonja Torres collided with a vehicle driven by Sophia Marks. As a result, Torres brought an action against Marks for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Torres claimed that she entered an intersection on a yellow light and Marks turned left, causing the crash. Torres asserted that Marks had a duty to yield under California Vehicle Code Section 21801.

DEFENDANT'S CONTENTIONS:
The defense alleged that Torres ran a red light.

Damages

The plaintiff requested $20,509 (as per plaintiff's counsel); $25,000 (as per defense counsel). According to defense counsel: Plaintiff claimed $8,909 in medical expenses, $7,000 in lost earnings, and $1,000 in property damage (deductible). Plaintiff was placed on disability for three months.

Injuries

Torres suffered back, neck, and soft-tissue injuries.

Result

The jury awarded Torres $20,509, but found that Torres was 50 percent liable for the accident. The award was therefore decreased to $10,254.

Other Information

Defendant did not appear for trial. Plaintiff served a C.C.P. section 998 offer for $10,000 one and a half years earlier. Defendant offered $1,000 per C.C.P. section 998. Consequently, defendant paid interest on the award from the date of plaintiff's C.C.P. section 998 offer. Judgment was paid and plaintiff's cost bill was settled for $2,400. Progressive insured Marks.

Deliberation

three hours

Poll

12-0 (all questions), 11-1 (liability)