Facts

On March 17, 2008, plaintiff Mulu Berhe was walking in a supermarket parking lot in North Hollywood when she was struck by a vehicle and thrown to the pavement. Defendant Robert Gould was the driver of the vehicle. Berhe sued Gould, alleging that Gould was negligent in the operation of his vehicle. Prior to trial, Gould conceded liability. Accordingly the jury trial was on damages only.

PLAINTIFF'S CONTENTIONS:
Berhe contended that she suffered numerous injuries and was ambulanced to the emergency room.

DEFENDANT'S CONTENTIONS:
Gould claimed that chiropractor records revealed prior complaints concerning Berhe's head, neck and back, beginning in March 2007. Gould also contended that Berhe's medical records stated Berhe had been on disability for fibromyalgia since 1995, prior to the accident. Gould's orthopedic surgery expert stated that there were no fractures, only abrasions and contusions with possible soft tissue injuries.

Settlement Discussions

Prior to trial, Berhe demanded $90,000. Gould offered $15,000.

Damages

Berhe's counsel asked the jury for all medical expenses (totaling approximately $17,000) plus emotional distress damages. According to defense counsel, Berhe sought a total of $150,000 in damages.

Injuries

Berhe testified that she suffered a chip fracture to her left elbow, injuries to her head, neck, back, and legs, as well as emotional distress. Testimony from Berhe's children stated that Berhe had changed as a result of the accident and she moped around the house and was basically incapacitated. Berhe's expert chiropractor testified that x-rays of Berhe's left elbow revealed an avulsion fracture. Paul Batmanis, the emergency room treating physician, also diagnosed a chip fracture.

Result

The jury found for Berhe and awarded her $19,614, which included her entire emergency room medical expenses and 50 percent of her chiropractic bills, plus emotional distress damages. After a Hanif reduction, the net verdict amount was $7,343.

Deliberation

half day

Poll

12-0

Length

four days