Facts

Tomas Castro sued Chatia Johnson, in connection with a motor vehicle accident. Plaintiff also sued Lakucha Zimmerman, the owner of the vehicle Johnson was driving, for vicarious liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant Johnson violated his right of way and as a result broadsided plaintiff's vehicle as he was driving northbound on National City Blvd. in San Diego just as plaintiff entered the intersection with 7th St. Plaintiff claimed he sustained injuries and his vehicle was totaled.

Plaintiff asserted causes of action for negligence and vicarious liability. Plaintiff contended that he had the right of way when the collision occurred and that it was Johnson who was negligent, causing the accident. Plaintiff also contended that the subject incident exacerbated his pre-existing, but asymptomatic, back issue and caused new back problems.

DEFENDANTS' CONTENTIONS:
Johnson blamed plaintiff for the accident, contending that he had enough time to avoid the collision. Johnson disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Castro made a CCP 998 demand of $49,999. Zimmerman offered to tender her $15,000 insurance policy limits.

Injuries

Castro was taken to the emergency room by ambulance where he was treated for pain on his left knee and shoulder as well as his lower back. An MRI revealed a torn medial meniscus in his left knee and bulging in his spine. He claimed to continue suffering from aggravated pre-existing ongoing pain in his back, which was coupled with tingling and numbness that radiated to his extremities. He claimed he may need future surgery.

Result

The jury found Johnson 100 percent at fault for the accident and awarded Castro $53,533 in total damages, including $10,533 in past medical expenses, $18,000 in future medical expenses, $7,000 in past pain and suffering, and $18,000 in future pain and suffering.

Length

five days