Facts

On Sept. 19, 2008, plaintiff Cynthia Mariano operated her vehicle on Bernal Drive in Pleasanton. She drove to the intersection of Bernal and Hearst Drive, where she crashed into a vehicle driven by defendant Christie Frakes. Mariano sued Frakes.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Frakes drove negligently because she did not stop at a stop sign at the intersection. She argued Frakes violated California Vehicle Code Section 22450 in failing to yield the right of way.

DEFENDANT'S CONTENTIONS:
Frakes admitted liability, but disputed the plaintiff's injuries.

Settlement Discussions

Plaintiff demanded $35,000 under CCP 998 and the defense offered $13,500 under CCP 998.

Damages

Mariano sought $4,613 in past medical expenses, $75,000 in future surgery costs, and a total of $330,000 in damages.

Injuries

Plaintiff suffered aggravation of pre-existing neck and left arm conditions.

Result

The jury found in favor of Frakes because her negligence was not a substantial factor in causing Mariano's injuries.

Other Information

INSURER: State Farm Mutual Automobile Insurance Co.

Deliberation

4.5 hours

Length

six days