Facts

On Dec. 12, 2011, plaintiff Ana Alvarez, 37, was driving a Chevy Suburban with her children Hector Guerrero, 16, and Stephanie Guerrero, 15, as passengers. A Toyota pickup truck driven by defendant Winnie F. Revels rear-ended Alvarez's vehicle while she was stopped at an intersection. The impact caused Alvarez to rear-end the vehicle in front of her.

Hector settled prior to trial, and the trial proceeded on Alvarez's and Stephanie's claims only.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant negligently operated her vehicle. Alvarez and minor plaintiff sued defendant for motor vehicle and general negligence.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but disputed the nature and extent of plaintiffs' claimed injuries. Defendant claimed Alvarez's disc disease was preexisting and that Stephanie's injury was not caused by the collision.

Settlement Discussions

Fifteen months prior to trial, each plaintiff made a CCP 998 demand of $100,000 policy limits. The 998 demands were rejected. Defendant offered Alvarez $60,000 and Stephanie $40,000.

Specials in Evidence

$60,000 (Alvarez); $58,000 (Stephanie)

Injuries

Alvarez claimed that she sustained a 5-millimeter lumbar disc herniation at the L5-S1 level and aggravation of preexisting degenerative disc disease. Stephanie claimed a 4-millimeter herniated disc at L4-L5 and a 7-millimeter herniation at the L5-S1 level. Both plaintiffs claimed a need for surgery. Defendant's examining orthopedic surgeon testified that neither plaintiff was a surgical candidate. Defendant's biomechanical expert testified that the forces of the accident were so minor that they could not have caused a disc herniation in either plaintiff.

Result

The jury returned a verdict for plaintiffs. The jury awarded Alvarez $505,000 in damages and Stephanie $390,000.

Other Information

FILING DATE: Dec. 6, 2013.