Facts

A vehicle driven by Annie Lee collided with a minivan being driven by Hua Su. Su filed suit against Lee and her father, Nelson Lee, for vehicular negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Annie Lee had made a u-turn and broadsided his car.

DEFENDANT'S CONTENTIONS:
The defendants contended that Annie Lee was traveling in the same direction as plaintiff, but stopped to make a left turn. After she had stopped, they claimed that plaintiff had tried to pass her on the left, causing her to turn into plaintiff's vehicle. The defendants claimed to have a witness, but elected not to present him because he was Annie Lee's boss and an independent party. The defendants also argued that plaintiff should not receive any damages for his alleged injuries because he did not introduce evidence to support his claims that he had received treatment or the expense incurred for the treatment.

Settlement Discussions

The plaintiff demanded $10,000. The defendants offered $7,000.

Specials in Evidence

The plaintiff asserted $4,000 in medical expenses for acupuncture, however the evidence was excluded because he did not have proper witnesses to enter the bills into evidence. Plaintiff estimated expenses of $300 per week for acupuncture and chiropractic care for the rest of his life.

Damages

The plaintiff requested $100,000 for future medical care, the cost of his vehicle, and his pain and suffering.

Injuries

The plaintiff sustained a herniated disc at L4-5 and L5-S1. He alleged that he would require life-long treatment by hot pads, MRI's, chiropractic care, and acupuncture treatment for his injuries.

Result

A jury found plaintiff 40 percent liable for the accident, and defendants 60 percent liable for the accident. Plaintiff was awarded $3,000 for his future pain and suffering, and $113,200 for his economic losses, totaling $116,200, which was reduced to $69,720.

Other Information

The defendant will file a motion for a JNOV and new trial.

Deliberation

one day

Poll

12-0

Length

two days