Facts

This case arose out of a two-car, mid-intersection accident that occurred on June 7, 2003, at the intersection of Main Street and Electric Avenue in the city of Alhambra. This intersection is controlled by tri-color traffic lights.

As she approached the accident scene, defendant was driving a 2001 maroon four-door Saturn sedan northbound on Electric Avenue. Plaintiff was driving a 1998 white Toyota Avalon westbound on Main St. in the number two lane (of two westbound lanes).

The percipient witness to the accident claimed to have been driving behind and to the left of plaintiff’s car in the number one westbound lane of Main Street. The witness claimed the light for westbound traffic on Main Street was green when plaintiff entered the intersection.

After the impact between the two vehicles, plaintiff’s Toyota continued forward and to the right, where it jumped the curb on the northwest corner of the intersection an struck a concrete bollard or traffic barrier placed on the northwest corner. Plaintiff’s airbags deployed during the accident.

Paramedics took plaintiff to Alhambra Hospital Medical Center emergency room where she was examined and X-rays were taken of her chest and spine. She was also given an electrocardiogram. She was prescribed medication and discharged within two hours of her arrival. She next treated with Aspen Health Group, Inc., commencing on June 9, 2003 and continuing through her discharge on Oct. 2, 2003. Plaintiff received a combination of medical and chiropractic treatment, undergoing 43 sessions of physical therapy.

PLAINTIFF’S CONTENTIONS:
Plaintiff contended and testified she entered the intersection on a green light. Plaintiff contended she did not see the defendant’s car at any time before the impact. Plaintiff contended the point of impact to her car was on the driver’s side rear quarterpanel.

DEFENDANT’S CONTENTIONS:
Defendant testified she came up to the intersection and stopped for a red light. After her light phased to green, she proceeded to cross the intersection and when she had made it across four of the five lanes of Main Street, she saw plaintiff approaching in a flash of movement from the defendant’s right. The point of impact on defendant’s car was to the passeger’s side front quarterpanel ahead of the passenger’s side front wheel. Defendant contended she entered under a green and there was no evidence to the contrary as plaintiff did not see defendant’s car before the accident and plaintiff’s witness did not see the defendant’s car until it was already in the intersection. Defendant contended plaintiff was either inattentive or, even if plaintiff had the green light, failed to yield right of way under California Vehicle Code Section 21451(a). Defendant argued that photos of the vehicles taken at the accident scene support her version of the accident and showed that plaintiff’s car had struck defendant’s, not the other way around.

Damages

Plaintiff’s special damages submitted at trial amounted to $5,615.90.

Injuries

Plaintiff contended she sustained soft tissue injuries to her neck, mid back, low back, abdomen, and chest, and had headaches and dizziness as a result of the accident.

Result

Defense verdict, unanimous on liability.

Deliberation

one hour

Poll

12-0

Length

2.5 days