Facts

Plaintiff Allen Solomon sued defendant David Gunn, alleging defendant rear-ended him after a four-car collision.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended he was the last car hit in a four-car, chain reaction rear-end collision. Plaintiff's vehicle sustained only minor property damage.

Plaintiff alleged that his neck and lower back were injured in the collision. He alleged his medical treatment following the accident was reasonable and necessary. He also alleged that his treatment allowed him to recover from his injuries, with only slight residual pain following release from the chiropractor.

DEFENDANT'S CONTENTIONS:
Defendant disputed liability claiming that a sudden stop in traffic caused defendant to rear-end the vehicles. Defendant claimed that plaintiff's vehicle might not have been hit in the collision.

Settlement Discussions

Plaintiff's final pre-trial demand was $20,000. Defendant's final pre-trial CCP 998 offer to compromise to compromise was $3,000.

Specials in Evidence

$9,908

Damages

Plaintiff's medical expenses totaled $9,908. Plaintiff did not pursue a claim for future medical treatment or lost income. There was $352 in property damage to plaintiff's vehicle.

Injuries

Plaintiff was involved in a prior motor vehicle accident five months before the subject accident. Plaintiff claimed he sustained a re-aggravation of neck and back injuries. Plaintiff sought treatment for the first time at urgent care two days after the collision. Plaintiff was seen by an orthopedic surgeon and pursued a course of chiropractic treatment for seven months.

Result

Verdict for the plaintiff in the amount of $20,408 as follows: $9,908 in past economic and $10,500 in past non-economic.

Other Information

Defendant paid prejudgment and post-judgment interest in the amount of $4,031 pursuant to plaintiff's obtaining a verdict in excess of defendant's CCP 998 Offer to Compromise. Plaintiff recovered costs in the amount of $1,369. EXPERT TESTIMONY: Defense expert Philip Rake, D.C., testified that plaintiff's medical treatment following the accident was not reasonable or necessary. Plaintiff may have been seen at urgent care two days after the accident for reasons unrelated to the accident. Plaintiff's chiropractic records and chart notes did not support the alleged bill. Also, it was unreasonable for plaintiff to be seen by an orthopedic surgeon, and the orthopedic surgeon bill for two visits was unreasonable. Defense accident reconstruction expert, Lloyd Martin, testified that there was little to no impact with plaintiff's vehicle. Assuming there was a minor impact, the minimal property damage showed that the force of the impact on plaintiff's body was equivalent to the force one experiences while taking off in an airplane and was insufficient to cause injury. FILING DATE: Feb. 29, 2012.

Deliberation

half hour

Length

four days