Facts

In August 2002, plaintiff Jamie Duarte was traveling northbound on the Hollywood Freeway. When he reduced his speed due to traffic, he was rear-ended by defendant Manuel Garcia. As a result, plaintiff's car was pushed into a vehicle in front of him. The front and back of plaintiff's car suffered substantial damage.

PLAINTIFF'S CONTENTIONS:
This was a basic rear-ender in which defendant was liable.

DEFENDANT'S CONTENTIONS:
Plaintiff stopped abruptly.

Settlement Discussions

The demands pursuant to Code of Civil Procedure Section 998 were $125,000 and $99,999. There was a $50,000 offer, and a $75,000 offer prior to trial, under Section 998.

Specials in Evidence

Plaintiff sought $35,140. Plaintiff claimed over $19,000.

Injuries

Plaintiff underwent treatment for undetermined injuries to his neck, back, arm, elbow, knee and ribs. Defendant challenged these claimed injuries, as the record did not show that plaintiff complained of neck and back pain to his physician. Plaintiff also suffered a concussion, and was later diagnosed with a C5-6 herniation and radiculopathy. He eventually underwent an anterior cervical discectomy. Defendant opined that an MRI only revealed a degenerative disc at C5-6, and as of November 2003, there was no herniation of that disc. Defendant therefore objected to plaintiff's claim of sustaining radiculopathy. Defendant's neuroradiology expert testisfied that it was likely that an event unrelated to the collision caused the radiculopathy and disc herniation. Defense counsel contended that plaintiff's disc herniation was the result of another unreported accident.

Result

Defendant was found to be 100 percent liable for the accident. Plaintiff was awarded $16,949.

Poll

12-0 (on liability); 12-0 (past economic and property damages); 9-3 (pain and suffering)

Length

five days