Facts

Teresa Whittingham sued Chad Gittisarn, Dena Gittisarn, and Niles Gittisarn in connection with a motor vehicle accident that occurred on May 10, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was a passenger in a sports utility vehicle when it was rear-ended by another SUV operated by defendant Chard Gittisarn. The vehicle plaintiff was riding in was totaled as a result of the collision and she was also injured. As such, she sued the driver and the owners of the vehicle, Dena and Niles Gittisarn, alleging negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of plaintiff's claimed injuries, arguing that her back issues were degenerative and/or attributable to a prior fall. Defendant argued that her alleged injuries were unrelated to the accident.

Settlement Discussions

Whittingham made a CCP 998 demand of $1.25 million, Chad countered with a CCP 998 offer of $50,000.

Damages

Whittingham requested $890,000 in total damages.

Injuries

Whittingham claimed she sustained a herniation in her spine, which she treated with physical therapy and epidural shots. In 2013, she underwent a lumbar fusion. Whittingham, who suffered from lupus, claimed she continued to experience pain and limitations.

Result

Whittingham dismissed Dena and Niles Gittisarn while Chad conceded liability. Ultimately, the jury concluded that Chad's negligence was not a substantial factor in causing her harm. As such, it rendered a verdict for the defense.

Deliberation

2.5 hours

Poll

9-3

Length

five days