Facts

Thomas Carroll sued Viet Nguyen and Chinh Vu, in connection with a motor vehicle accident at a parking lot. Vu was erroneously sued as Chinh Nguyen.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant sideswiped him as he was backing out of a space in a parking lot. Plaintiff alleged that defendant Vu was also reversing when the collision occurred. Plaintiff was injured as a result, and sued Vu and her husband, Nguyen for negligence and vicarious liability. Plaintiff claimed that the impact was so severe that he hit his head inside his car.

DEFENDANTS' CONTENTIONS:
Defendant Vu contended that both she and plaintiff failed to see each other as each backed out of their respective parking spaces. Defendant argued that neither of them was negligent. In the alternative, she argued that plaintiff was negligent.

Defendant also disputed the extent of plaintiff's claimed injuries. She contended that plaintiff presented to an emergency room complaining of neck pains 20 days before the accident. Defendant argued that plaintiff's neck injury was pre-existing and was not caused by the subject accident. Defendant also contended that the impact was not so severe as to cause plaintiff's claimed injuries.

Settlement Discussions

Carroll made a CCP 998 demand of $100,000, which Vu countered with a CCP 998 offer of $20,000.

Injuries

Carroll claimed injury to his neck, which he treated with physical therapy. His orthopedic surgeon diagnosed him with a multi-level cervical stenosis and later underwent a four-level laminoplasty to address it.

Result

Defendant Nguyen was let out of the case prior to trial. The jury found in Vu's favor and awarded Carroll zero damages.