Facts

In July 2002, plaintiffs Pamela Melendez and Andrea Sabanovich were traveling northbound on Sunrise Avenue in Roseville. Plaintiff Melendez was driving and plaintiff Sabanovich was in the front passenger seat. Defendant Jason Maxwell was driving his vehicle behind them.

The plaintiffs stopped at an intersection. The defendant then rear-ended them.

The plaintiffs sued defendant for negligent operation of a motor vehicle. They also sued the owner of the car, defendant Judy Jordan.

Defendant Maxwell admitted liability.

Specials in Evidence

Plaintiff Melendez sought $6,255 in past medical costs and plaintiff Sabanovich sought $6,900. Plaintiff Melendez sought $2,311.

Damages

The plaintiffs sought an unspecified amount for pain and suffering.

Injuries

The plaintiffs sustained soft-tissue injuries to the back and neck. The chiropractor who treated them testified that the collision caused the injuries. Their treatment involved chiropractic manipulation, a video fluoroscopy, medication and an MRI. Plaintiffs treated for three months and stopped. They then went back to treatment over a year later. The defendants challenged the extent of plaintiffs' injuries. They claimed that plaintiffs overtreated. According to a defense chiropractic expert, the treatment after the break in time was unnecessary. Further, defendants challenged plaintiffs' assertion that plaintiff Sabanovich would not need future neck surgery.

Result

During a pre-trial arbitration, plaintiff Melendez was awarded $16,225 and plaintiff Sabanovich was awarded $11,765. Defendant Maxwell requested a trial de novo, which resulted in an award of $74,720 to plaintiffs.

Deliberation

five hours

Poll

12-0 (damages)

Length

four days