Facts

Plaintiff Elena Granofsky was injured in a four-car collision on Aug. 30, 2007, on the 405 Freeway in Fountain Valley. Granofsky sued defendant Terrie St. Germain for motor vehicle negligence. No other vehicle drivers were included in any related action. St. Germain admitted liability.

PLAINTIFF'S CONTENTIONS:
Granofsky contended that St. Germain was negligent and caused the accident. Although Granofsky had a prior shoulder injury as a result of an operation, she had fully recovered until the collision aggravated it.

DEFENDANT'S CONTENTIONS:
St. Germain contended that Granofsky had not mentioned her prior shoulder injury to her urgent care doctor. Also, Granofsky had not fully recovered from her prior injury; she still had limited motion and chronic pain. Moreover, her medical treatment was excessive.

Settlement Discussions

Granofsky demanded $12,000. St. Germain offered $8,500, via CCP 998.

Specials in Evidence

Granofsky initially sought $9,748.39 in medical bills, including $5,000 for chiropractic treatment. Granofsky later claimed $5,500 for medical damages and $1,800 for general damages.

Injuries

Granofsky alleged soft-tissue injuries to her neck, back, and left shoulder and aggravation of a pre-existing shoulder injury. She was initially treated at an emergency room, and then through extensive physical therapy and chiropractor visits. Granofsky also alleged that her shoulder, which had previously recovered fully from a 2000 surgery to remove a cancerous tumor in her arm, was aggravated by the collision. She alleged constant pain and limited motion as a result.

Result

The jury found in favor of Granofsky, awarding her $7,300. However, pursuant to CCP 998, St. Germain was awarded costs. As such, Granofsky's recovery was off-set.

Deliberation

1.5 hours

Length

three days