Facts

Plaintiff Diana Clay's car was stopped in traffic near an intersection. The rear panel of her car was struck by defendant Sharon Wagner's vehicle. Plaintiff sued for vehicular negligence. Defendant conceded liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she told defendant immediately after the accident that she was slightly injured. Ten days after the accident, plaintiff sought chiropractic treatment for soft tissue injuries to her neck and left shoulder. Plaintiff's treating chiropractor testified that plaintiff had reported her pain's intensity as a four, on a scale of one to ten, with ten representing the greatest possible pain. The chiropractor stated that plaintiff's pain intensity level dropped to between one and three after three weeks of treatment. Plaintiff alleged that she suffers from on-going pain in her shoulder.

DEFENDANT'S CONTENTIONS:
Defendant claimed that following the accident, plaintiff had said she was not injured. Defendant also questioned plaintiff's credibility by pointing out that plaintiff had a prior conviction for grand theft embezzlement. Defendant suggested that plaintiff was exaggerating the extent of her injuries. Given the testimony of the chiropractor and that fact that plaintiff did not claim any ongoing hardship or significant pain, she argued that the jury should limit plaintiff's damages to the cost of four weeks of chiropractic treatment.

Settlement Discussions

Plaintiff demanded $6,750, defendant offered $2,000.

Specials in Evidence

Plaintiff underwent five weeks of chiropractic treatment.

Damages

Plaintiff sought $7,500 to $30,000 for her medical expenses, damages and pain and suffering.

Injuries

Plaintiff claimed soft tissue injuries to her neck and shoulder.

Result

The jury awarded plaintiff $840 for three weeks of chiropractic treatment. Later, defendant filed an unopposed cost bill pursuant to C.C.P. 998. The judgment was then amended to $69.97.

Other Information

The parties' dispute was originally arbitrated, and plaintiff was awarded $3,200. Defendant rejected the award and the matter proceeded to trial.

Deliberation

four hours

Length

two days