Facts

Talia Carrington sued Michael Devera aka Michael De Vera and Jose Devera aka Jose De Vera, in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff was driving in stop-and-go traffic on westbound Interstate 80 in Berkeley when defendant rear-ended her. Plaintiff sustained injuries as a result and sued defendant driver, Michael, and the owner of the vehicle, Jose, for negligence and vicarious liability.

DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff's hip injuries were caused by her wearing a utility belt to work for years prior to the accident.

Settlement Discussions

Carrington made a CCP 998 demand of $44,000, which Devera countered with a CCP 998 offer of $22,500.

Damages

Carrington sought $34,317 in medical expenses and $41,659 in lost wages.

Injuries

Carrington claimed injuries to her lower back, left hip, and neck. Despite months of physical therapy, she claimed she continued to experience pain in her left hip, leading to numbness and tingling down to her leg. An MRI revealed a torn labrum. She underwent surgery to repair it. However, her pain persisted.

Result

Carrington dismissed Jose Devera from the case. The jury found Michael Devera negligent, and that his negligence was a substantial factor in causing Carrington's harm. As such, the jury awarded Carrington $51,364, which included $15,000 in past medical expenses, $300 in future medical expenses, $23,564 in past lost earnings, $5,000 in past pain and suffering, and $7,500 in future pain and suffering.

Deliberation

two days

Length

four days