Facts

On April 6, 1999, plaintiff Dorothy Ikerd was driving eastbound in traffic on Interstate 205 in Alameda. Defendant Richard Vera's vehicle rear-ended another vehicle, which in turn rear-ended plaintiff's vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff sued, claiming negligent operation of a motor vehicle.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability and that he fell asleep while driving. The traffic stopped in front of him and he failed to timely apply the brakes. Defendant asserted that the force of the collision impact was minimal because of the car in between his and plaintiff's. Further, defendant argued that according to the police report nobody claimed injuries.

Specials in Evidence

Plaintiff claimed $10,000 in medical specials. Per defense counsel, plaintiff sought $25,000 at trial.

Damages

Defendant asserted that the property damage to plaintiff's car was less than $300.

Injuries

Plaintiff sustained injuries to her right shoulder and right arm. She suffered from back pain in her cervical, thoracic and lumbar areas, in addition to neck pain and headaches. She went through physical therapy and chiropractic treatment. Per defense counsel, plaintiff also had a supportive orthopedic opinion.

Result

The jury found in favor of plaintiff on the liability issue. However, it awarded no money to plaintiff. Per defense counsel, defendant thereafter brought a motion for award of costs pursuant to C.C.P. Section 998, which was granted.

Deliberation

two hours

Length

two days