Facts

On a rainy day in February 2002, plaintiff Clarence Long and defendant Henry Chueng were driving in parallel lanes. Suddenly, defendant lost control as his car hydroplaned and spun across the lanes, into plaintiff's car.

The plaintiff originally listed defendant's father and co-owner of the car, Anthony Chueng, as a defendant but later dropped the claim against the elder Chueng was dismissed.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that defendant was entirely at fault for driving negligently in adverse weather conditions.

DEFENDANT'S CONTENTIONS:
The defendant claimed that his hydroplaning under the given circumstances did not amount to negligence. He asserted that he was driving five miles an hour below the posted speed limit before the crash, and that his car and tires were in very good condition. The defendant also disputed the cause of plaintiff's injuries, claiming they were the result of a long-standing pre-existing medical condition. The defendant also contended that plaintiff would not require future medical treatment or chiropractic care.

Settlement Discussions

According to the defense, the plaintiff's original settlement demand was for $25,000. Defendant offered $5,501, which was rejected. The suit went to arbitration. The arbitrator awarded $5,781, which plaintiff rejected, opting for trial. Before trial, defendant increased the offer to $7,501, which was again rejected.

Specials in Evidence

$4,706 in medical expenses, reduced to $1,077 by plaintiff's insurance policy.

Damages

The plaintiff made an unspecified claim for pain and suffering.

Injuries

The plaintiff contended he tore his left rotator cuff and sustained soft-tissue injuries to his left cervical lumbar spine and left shoulder.

Result

The verdict was for the defendant on liability.

Other Information

After trial, the plaintiff filed motions for a new trial and to tax costs. The defendant filed a cost bill of $12,800. The plaintiff withdrew his motion after defendant accepted an undisclosed sum for trial costs.

Deliberation

four hours

Poll

10-2

Length

three days