Facts

On Jan. 10, 2013, plaintiff Holly Dougherty, 29, was driving eastbound on T Street in Sacramento when her vehicle was broadsided on the driver's side by a vehicle driven by defendant Jason Drake, who was attempting a left turn.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant negligently operated his vehicle by failing to yield the right of way to her.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but disputed plaintiff's claimed damages.

Settlement Discussions

Plaintiff made a CCP 998 demand for $39,998. Defendant made a CCP 998 offer of $60,000.

Injuries

Plaintiff claimed injury to her neck and spine, including thoracic outlet syndrome, cervical strains, and cervical radiculopathy. Defense's neurology expert opined that the plaintiff sustained myofascial pain as a result of the collision, that the first nine to ten months of treatment was reasonable, but that her pain had completely resolved by October 2013. He also testified that her ongoing pain was unrelated to the collision and could have been triggered by external stressors. Defense's radiology expert testified that the results of plaintiff's MRIs were normal, did not reveal any injury and that a cervical facet injury would have been detected on the MRI images.

Result

The jury awarded plaintiff $494,640.50 in damages.

Other Information

After the verdict was rendered, the parties agreed to settle the lawsuit for $700,000. FILING DATE: May 17, 2013.

Length

3.5 days