Facts

Plaintiff Darlene Wallace was a passenger in her brother's car. Her brother was attempting to turn left off a freeway off-ramp but stopped in the middle of the intersection because a car, driven Tracy Russell, blocked their way. Defendant Nicholas Marquez, who was behind the plaintiff's brother's car then rear-ended plaintiff's brother's car. The plaintiff sued defendant for negligent operation of a motor vehicle.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed defendant was entirely at fault because he was not paying attention.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the placement of Russell’s car blocking plaintiff’s brother’s way caused the plaintiff’s brother’s car to come to an abrupt and unforeseeable stop. The defendant also claimed that plaintiff sought unnecessary and unreasonable medical treatment.

Specials in Evidence

Plaintiff did not seek immediate medical treatment, but in the 10 weeks following the accident, visited a chiropractor 31 times. Plaintiff asked for $3,070 in medical costs.

Damages

The plaintiff sought a total of $8,500. She also sought an unspecified amount for her pain and suffering, which she claimed persisted for a year following the accident. The plaintiff also requested damages for her emotional distress.

Injuries

The plaintiff claimed soft-tissue injuries to her neck and back.

Result

The jury found defendant 20 percent liable, and Russell 80 percent at fault. It awarded plaintiff $500, which was reduced to $100.

Other Information

Russell was not named as a party to the suit, but her insurance paid for the property damage to plaintiff’s brother’s car.

Deliberation

two hours

Length

five days