Facts

Plaintiff Kimberly Bescoby's sport utility vehicle was stopped in traffic during morning rush hour on Pacific Coast Highway in Santa Monica. Defendant Marilyn Wroobel was driving a 2002 Chrysler minivan. The defendant stepped on her brake, realizing plaintiff's vehicle could not proceed due to congestion, and her front-end dipped, and rear-ended plaintiff's SUV.

Defendant admitted liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was driving and rear ended plaintiff without stopping.

DEFENDANT'S CONTENTIONS:
Photos of plaintiff's SUV revealed no visible damage, and defendant's biomechanical expert, Peter Burkhard, Ph.D., testified the speed change for plaintiff's SUV was 4 to 5 mph, which was not injury causing.

Defendant's minivan was a total loss.

Settlement Discussions

Plaintiff made a CCP 998 demand for $35,000. Defendant made a CCP 998 offer for $15,000, plus plaintiff's non-taxable costs. Demand lowered to $20,000 day prior to trial.

Specials in Evidence

$10,645 $8,000

Damages

Plaintiff claimed her 2009 GMC Yukon XL SUV's repair estimate was in the amount of $2,933.

Injuries

Plaintiff, 40, claimed cervical and lumbar strains for which she received five steroid injections in her neck and trapezius muscles, had physical therapy, purchased $3,000 in medications, and missed one month from work.

Result

A verdict for the plaintiff in the amount of $10,645.

Other Information

Defendant will be submitting her cost bill to be deducted from the verdict. FILING DATE: Aug. 31, 2012.

Deliberation

one hour

Length

two days