Facts

On July 4, 2011, Jennie Ortega-Rinder was involved in an incident during a child visitation exchaged with her estranged husband, Brian Rinder. Rinder arrived in his pickup truck to retrieve their children. As he drove away, Ortega-Rinder allegedly sustained injuries to her right had when she was in proximity of the pickup truck. She sued Rinder for negligence.

Ortega-Rinder claimed that Rinder aggressively sped away while she was standing inside the open, right, front passenger door, causing her right had to get caught on something inside the door. She also claimed that their eight-year-old daughter was unbuckled in the right, front passenger seat when Rinder sped away.

Rinder claimed that Ortega-Rinder was provoking a fight in front of their children. He also claimed that he called the Chowchilla Police Dept., and while on call, Ortega-Rinder seemed to back off and shut the passenger door, so he hung up. Rinder claimed that if Ortega-Rinder hurt her hand on his vehicle, she must have hurt it on the outside of the door handle after he started driving away. He allegedly saw Ortega-Rinder putting her hand in the air in his passenger mirror. He assumed she was flipping him off and did not think she had hurt her hand.

Damages

Ortega-Rinder sought $16,162 in past medical costs and an unspecified amount of damages for her pain and suffering.

Injuries

Ortega-Rinder was diagnosed with a fracture and minimal displacement on her right hand. She started a course of physical therapy in August and by December, an x-ray showed that her fracture had healed. However, she continued to experience issues with the small finger on her right hand and was later diagnosed with a sagittal band injury. She ultimately underwent a realignment of this finger on Sept. 25, 2012. She then developed stiffness after surgery that required a joint capsulectomy on Jan. 8, 2013. Rinder argued that he did not cause Ortega-Rinder's injuries.

Result

The jury determined that Rinder was negligent, but that his negligence was not a substantial factor in causing Ortega-Rinder's damages. Hence, the jury rendered a defense verdict and awarded Ortega-Rinder zero damages.

Deliberation

2.5 hours

Poll

9-3 (negligence), 11-1 (no substantial factor)

Length

four days