Facts

Jennifer Carranza sued Steven M. Svetlik after Svetlik drove his vehicle into the restaurant where Carranza worked.

PLAINTIFF'S CONTENTIONS:
Carranza contended that while she was working as a waitress at a restaurant, Svetlik drove his Cadillac Escalade, a sports utility vehicle, through the restaurant. He allegedly drove his vehicle through the front wall of the restaurant and out through the back wall. Carranza claimed that she fell down while trying to avoid being hit by the Escalade. She claimed she suffered from post-traumatic stress disorder, and sustained injuries to her neck, hands and back as a result of the accident. She sued Carranza, alleging that he negligently operated the vehicle.

DEFENDANT'S CONTENTIONS:
Carranza admitted liability but disputed the nature and extent of the claimed injuries.

Settlement Discussions

Carranza made a $100,000 demand and defense made a $50,000 CCP 998 offer.

Damages

Carranza sought $5,646.25 for past wages, $8,418 for past medical costs, $85,920 for past pain and suffering $14,000 for future medical costs, and $226,665 for future pain and suffering.

Result

The jury awarded Carranza $3,264 for past medical costs, $5,646 for past lost earnings, $5,000 for past pain and suffering, $4,120 for future medical costs, and $5,000 future pain and suffering for a total award of $23,030.07.

Other Information

Post-trial Carranza agreed to file a dismissal of the case with prejudice and take none of the verdict due to defense counsel's costs (under CCP 998) exceeding the verdict. FILING DATE: April 22, 2013.