Facts

On Sept. 10, 2014, plaintiff Marconi Ratonel was involved in a car collision with defendant Alma Carranza. Plaintiff filed suit claiming he sustained multiple injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant caused the collision and contributed to his need for back surgery.

DEFENDANT'S CONTENTIONS:
Defendant claimed the Sept. 10, 2014 accident did not contribute to the need for surgery nor was plaintiff injured.

Settlement Discussions

Plaintiff made a CCP 998 demand for $15,000. Defendant made no offer.

Specials in Evidence

$113,528

Damages

Plaintiff sought $113,528 in economic damages and $1.75 million in non-economic damages.

Injuries

Plaintiff was in a previous car accident on June 28, 2012 (Carranza was not involved in the first collision), and was seen at UCSB Hospital. On Dec. 18, 2012, plaintiff underwent a course of physical therapy. Plaintiff did not seek treatment for 19 months. On July 10, 2014, Dr. Ronald Brizzie saw plaintiff for two examinations. Plaintiff also underwent chiropractic care. After the subject collision with defendant Carranza (the second collision), plaintiff was seen by Dr. Brizzie and referred to Dr. Sanjay Ghosh. Dr. Ghosh examined plaintiff on Nov. 21, 2014 and drafted a report opining that the Sept. 10, 2014 accident was the sole and exclusive cause for the need for surgery. After diagnostic testing on Dec. 1, 2015, Dr. Ghosh performed surgery through the patient's neck and to his cervical spine. The patient made a complete recovery.

Result

The jury found in favor of the defense in regard to the second collision. The jury found against defendant on liability, but found that her conduct was not a substantial factor in causing damage to plaintiff. The jury, however, found in favor of plaintiff in regard to the first collision and awarded plaintiff $115,000.

Other Information

FILING DATE: Oct. 23, 2015.

Deliberation

three hours

Poll

12-0 (liability), 10-2 (damages)

Length

seven hours