Facts

On Oct. 26, 2004, plaintiff Jennifer Perez, was driving her automobile on the 405 freeway in Long Beach during stop and go traffic. Defendant Shunchen Huang was behind plaintiff in a minivan and defendant Jim Martin was behind Huang in his pickup truck. Plaintiff was rear-ended by Huang who then stopped and was rear-ended by Martin.

Plaintiff claimed she felt two impacts, one from Huang and another from Martin's collision with Huang which propelled Huang's vehicle into Perez's a second time. Huang testified that Martin's collision did not propel her vehicle into plaintiff's.

Plaintiff sued Huang, Martin and Martin's employer Howard S. Wright Construction for negligence in their driving.

Huang settled with plaintiff for Huang's insurance policy limits prior to trial. Both Martin and plaintiff stated Huang was on her cell phone at the time of the accident, but Huang denied this.

Martin alleged the accident was caused by Huang's inattention. Martin cross-claimed against Huang but it was barred since the Huang-Perez settlement was determined to be in good faith.

Specials in Evidence

$48,955;

Damages

Plaintiff sought an unspecified amount for pain and suffering and lost earnings.

Injuries

Plaintiff claimed she sustained soft-tissue injuries to her neck and back, herniation s to her L4-5 and L5-S1 discs and carpal tunnel syndrome in both hands. Plaintiff underwent some physical therapy but no surgery. She received epidural injections in both her neck and back and claimed numbness, tingling and residual pain in both arms.

Result

Defense verdict. The jury found the defendant was negligent but that his negligence was not a substantial factor in causing the injury. Defendant was awarded costs of approximately $15,000.

Other Information

Insurers: Zurich for Martin; Automobile Club of Southern California for Huang.

Deliberation

three hours

Length

four days