Facts

On March 25, 2005, defendant Restituto Larena drove a van owned by South Bay Airport Shuttle Inc. in which plaintiffs Cheun Lee and Man Joung were passengers. Larena rear-ended a vehicle driven by William Lin, throwing Lee and Joung onto the van's floor. Later, Joung and Lee brought an action against Larena, South Bay Airport Shuttle, and Lin, alleging motor vehicle negligence. Joung entered into a settlement amounting to $69,500.

PLAINTIFF'S CONTENTIONS:
Lee contended that Larena did not stop in time to steer clear of the accident. Further, plaintiff argued that Larena failed to obtain help for the passengers, although he was required to do so pursuant to his non-delegable duty as an operator of a common carrier vehicle. Plaintiff also alleged that he was not wearing a seat belt because he needed to move closer to Larena, who was lost, to offer him directions.

DEFENDANT'S CONTENTIONS:
The defense claimed that Lee's injuries would not have occurred if he had been wearing his seat belt. The defense also alleged that Lee's psychiatric injuries existed before the accident.

Settlement Discussions

Plaintiff demanded $1.45 million and defendant offered between $150,000 and $250,000.

Damages

Plaintiff sought future medical costs amounting to $2.1 million, past medical costs of $75,000, past loss of earnings of $188,00, and future lost earnings of $543,000.

Injuries

The plaintiff suffered anxiety, an arm injury, a back injury, a concussion, headaches, post-concussion syndrome, post-traumatic stress disorder, psychiatric impairment, a shoulder injury, and traumatic brain injury.

Result

The jury found in favor of the defense.

Other Information

Carolina Casualty insured Larena and South Bay Airport Shuttle.

Deliberation

two hours

Poll

10-2

Length

one month