Facts

On July 6, 2004, plaintiff William Chan, a 29-year-old information technology technician, was driving his sedan northbound on the I-5 south of Pocket Road in Sacramento County. Defendant Douglas Tomison was driving his sedan behind plaintiff. Defendant rear-ended plaintiff and plaintiff sued for vehicular negligence.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but contended that the impact was a minor bump occurring less than 5 mph. Defendant introduced evidence at trial that the plaintiff maintained a second job as a real estate agent and sold five homes while claiming lost wages due to injuries stemming from the accident. Defense counsel argued that a slow-motion collision would not have caused such extensive injuries as those that plaintiff claimed.

Settlement Discussions

Plaintiff made a Section 998 demand of $6,000. Defendant made a Section 998 offer of $2,500.

Damages

Plaintiff asked the jury for $10,000. Defense disputed the value of damages.

Injuries

Plaintiff sought treatment that day for mild neck pain. Over the next two days he visited two different doctors again for mild pain. He underwent acupuncture therapy on 34 occasions over a three-month period.

Result

Verdict for $4,224 ($300 past pain and suffering; $3,924 past medical expenses and lost wages). Defendant had previously rejected an arbitration award of $10,620.

Other Information

Plaintiff's counsel filed a motion for attorney's fees which was denied. Defendant filed a motion to tax, which was partly granted. Judgment has been paid and satisfaction of judgment filed. Plaintiff recovered approximately $1,500 in costs.

Deliberation

1.25 days

Poll

11-1 (special damages); 10-2 (general damages

Length

three days