Facts

On Dec. 4, 2007, plaintiff Valsa George drove her vehicle in San Francisco with her husband, plaintiff George Zachariah, as a passenger. The vehicle was involved in a rear-end collision with vehicles driven by defendants Edwina Lu and Kristina Fassberg. George and Zachariah brought an action against Lu and Fassberg, alleging motor vehicle negligence. Lu and Fassberg cross-complained against each other. Fassberg settled her claim against Lu prior to trial.

PLAINTIFF'S CONTENTIONS:
Plaintiffs asserted that Lu and Fassberg should both be liable for the collision even though plaintiffs lacked knowledge as to which vehicle hit their vehicle. Plaintiffs further contended that they felt two impacts.

DEFENDANT'S CONTENTIONS:
Fassberg claimed that Lu rear-ended her vehicle, thrusting her vehicle forward into plaintiffs' vehicle. Thus, she rejected the allegations that she was responsible for rear-ending plaintiff's car. Lu admitted that she rear-ended Fassberg's car.

Settlement Discussions

At mediation, plaintiffs demanded $690,000 from Lu and $75,000 from Fassberg. Plaintiffs' final pre-trial global demand was for $200,000. Lu offered $20,502 and Fassberg offered $11,000.

Damages

Zacharia sought $90,000 in past medical costs, $225,00 in loss of household services, and $875,000 in total. George sought $4,200 in past medical costs.

Injuries

Zachariah sustained back, shoulder and neck injuries, and had two shoulder surgeries. George suffered beck and back pain, and soft-tissue injuries.

Result

The jury found in favor of Fassberg but against Lu and awarded plaintiffs $7,209. George received $2,947 and Zachariah received $4,262.

Other Information

INSURER: State Farm insured Lu and Nationwide insured Fassberg.

Deliberation

4.5 days

Poll

9-3 (negligence), 10-2 (causation), 10-2 (damages)

Length

two weeks