Facts

Plaintiff Albert Ettedgui was driving his pickup truck down the highway when his vehicle was struck by defendant Ruby Williams' car.

PLAINTIFF'S CONTENTIONS:
Plaintiff presented testimony by a witness who claimed that she was entering the freeway from an on-ramp just prior to the accident. The witness testified that defendant was speeding, and slammed on her brakes to avoid striking the witness' car. According to the witness, defendant lost control of her car and it spun, striking plaintiff's vehicle and two others before coming to a stop.

DEFENDANT'S CONTENTIONS:
Defendant claimed that she was struck by another, unidentified vehicle from behind, which caused her vehicle to spin and strike plaintiff's vehicle, and two others. She also argued that plaintiff's shoulder injury was a pre-existing injury from an accident in 1998. She argued that plaintiff's condition and limitations were not affected by the recent accident. She also contended that plaintiff's medical treatment and bills were excessive.

Settlement Discussions

Plaintiff demanded $55,000; defendant offered $20,000.

Specials in Evidence

Plaintiff claimed $5,000 in past medical expenses. Plaintiff sought $18,000 in future medical expenses.

Damages

Plaintiff requested $1,375 as reimbursement for the towing and storage of his vehicle, which was deemed a total loss after the accident. He also sought $110,000 for his pain and suffering.

Injuries

Plaintiff complained of pain in his left shoulder, tightness in his neck and upper thoracic spine, and tingling in his right fifth toe, originating in his knee. He was diagnosed with a MVA cervical strain, left shoulder impingement, left clavicular contusion, and right leg recurrent peroneal nerve contusion with distal radiation. Plaintiff underwent several months of physical therapy, but continues to experience pain in his shoulder and tingling in his toe. He consulted with an orthopedic surgeon and plans to undergo shoulder surgery in the future.

Result

The jury awarded plaintiff $30,533.

Deliberation

one day

Poll

12-0

Length

three days