Facts

On April 26, 2012, plaintiff S.G., a 45-year-old lawyer, was driving a Nissan Pathfinder in stop and go traffic when he was rear-ended by defendant driver in a Cadillac at approximately 10 mph.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was in violation of California Vehicle Code section 22350 (basic speed law), and section 21703 (following too closely). Plaintiff alleged that defendant failed to pay attention and maintain proper distance, and that defendant's speed was too high for stop and go traffic conditions.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability, but disputed the nature and extent of plaintiff's damages. Defendant claimed that plaintiff went to the gym dozens of times per month, post accident; that the defendant driver, 80, was unhurt; and that plaintiff did not complain of pain to his back for the first few weeks, rather only his hand.

Specials in Evidence

waived

Injuries

Plaintiff suffered a fractured pinky finger and 3-4 millimeter disc bulge at L5-S1.

Result

The case settled for $200,000.

Other Information

INSURANCE: Truck Insurance Exchange MEDIATOR: Douglas H. Barker.