Facts

Javier Plascencia and Michelle Torrez were traveling in Plascencia's SUV. As the SUV entered an intersection, it collided with another vehicle driven by Juan Gutierrez, causing the SUV to roll over. Plascencia and Torrez filed suit against Gutierrez for vehicular negligence.

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that they had a green light. Their witness testified that he had seen the plaintiffs pass him and enter the intersection while he believed the light was green.

The plaintiffs denied that their witness had provided contradictory testimony to the police and at trial, and argued that the defendant's witness was not credible because he offered inconsistent testimony regarding undisputed facts.

DEFENDANT'S CONTENTIONS:
The defendant claimed that he had the green light and introduced his own witness who testified that defendant had entered the intersection three seconds after defendant's light had turned green. The defendant also noted that plaintiffs' witness had given police a different account of the accident, and that no other witness or party had testified that the witness' vehicle had been where he said it was.

Settlement Discussions

Plaintiff Plascencia demanded $15,000 prior to trial, and $71,000 at trial. Torrez demanded $7,500 before trial and $32,000 at trial.

Injuries

Plaintiff Plascencia had to be removed from his SUV with the Jaws of Life. He sustained a broken clavicle, strains to his neck and back, bruises and abrasions. At the time of trial, he still complained of residual pain in his left clavicle. Plaintiff Torrez sustained soft-tissue injuries to her neck and lower back. Although she had sought medical treatment, at the time of trial she still complained of residual back problems.

Result

The jury found for the defense.

Deliberation

three hours

Poll

9-3

Length

three days