Facts

On Sept. 1, 2004, plaintiffs Yok Law, 52, and Kit Sing Mak were driving in a sedan driven by Kit Sing Mak in Fremont on Highway 680 on the Calaveras Boulevard off-ramp when their vehicle was involved in an accident with a sedan driven by defendant Sim Aquino, a minivan driven by Ruchir Pandya (owned by his aunt and uncle Sunil and Reshma Pandya) and a van driven by Terence Garamallo (owned by his grandparents Thomas and Ester Garcia).

Plaintiffs sued Aquino, the Pandyas, Garamallo and the Pandyas alleging vehicular negligence. Mak settled with Garamallo and the Pandyas prior to trial for $5,000, leaving only Law's claims at trial.

PLAINTIFF'S CONTENTIONS:
Law testified that she felt three different impacts. She claimed though she did not know how the accident occurred, she contended it was because of the negligence of the three defendant drivers. Mak testified he felt only one impact, but that it might have been two in rapid succession.

DEFENDANTS' CONTENTIONS:
Defendant Aquino contended she was struck from behind by Pandya's vehicle when she was stopped behind Law's car. Aquino contended this caused her to crash into Law's car.

Defendant Pandya contended he was stopped when Garamello rear-ended him, causing his vehicle to hit Aquino's sedan, which hit Law's vehicle.

Garamello admitted to negligence, but claimed his negligence was not the cause of any injury to Law.

Settlement Discussions

Plaintiff demanded $400,000. Defendants Garamallo and Garcia offered $1,500; Defendant Pandya offered $2,500.

Specials in Evidence

$51,000 (included $2,662 in ambulance and emergency room bills, $9,000 in psychiatric care and $25,000 in physical therapy) for Law; $52,000 for Law (disputed);

Damages

Law asked for $100,000 for pain and suffering.

Injuries

Law alleged she sustained soft-tissue injuries to her back and neck, in addition to a loss of memory, concentration and an aggravation of a preexisting condition similar to Tourette's Syndrome. Defendants claimed Law's injuries were preexisting, caused by two prior accidents in 1998 and 2001.

Result

Mixed verdict: $3,412 ($2,662 past medical; $752 past pain and suffering) against Pandya; Defense verdict for defendants Aquino and Garamello.

Other Information

Insurers: CSAA for Terence David Garamallo, Thomas Garcia, Ester Garcia and Sim Aquino. Farmer's Insurance for Ruchir Rakesh Pandya, Sunil Pandya, Reshma Pandya.

Deliberation

two hours

Poll

12-0 (defense verdict for Aquino and Garamallo), 11-0 (liability for Pandya), 10-2 (damages)

Length

four days