Facts

Vanessa Quach stopped her vehicle at a red light at the intersection of Constitution Way and Marina Village Parkway in Alameda. A vehicle driven by Thomas Pollard rear-ended her. Quach, who is in her 40s, filed a lawsuit against Pollard, claiming he was at fault for the accident. Pollard did not agree to a $12,634 arbitration award to Quach prior to commencement of trial.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant was liable for the accident because he was driving too fast and too close to her vehicle. The plaintiff claimed that the defendant violated Vehicle Code Section 22350 and was responsible under the doctrine of res ipsa loquitur.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the plaintiff negligently came to an early stop at the intersection, therefore she was liable for the accident. He also claimed that his attention and ability to see the road was momentarily impaired at the time of the accident because a piece of debris struck and cracked his windshield. Based on the plaintiff's medical records which indicated that she suffered from a pre-existing back condition, the defense contested the extent of therapy the plaintiff necessitated. It claimed the plaintiff was only entitled to receive $1,800 in medical costs.

Specials in Evidence

$5,339. The plaintiff, who is an office manager, sought $405 in lost earnings for two days of missed work.

Injuries

The plaintiff suffered injuries to her neck and back. She required two courses of chiropractic and physical therapy treatments. She also underwent electrical stimulation therapy.

Result

$3,800. The jury determined that a second course of chiropractic treatment was not warranted.