Facts

On Feb. 14, 2003, Cindy Jansen, plaintiff, 52 years old and a speech therapist, was driving her convertible on San Ramon Valley Boulevard going southbound, near the Sycamore Square intersection in Danville. When plaintiff was stopped in traffic, a sport utility vehicle, driven by defendant Whitney Weber, who was 18 years old, rear-ended plaintiff's car. The collision propelled plaintiff's car into the car in front of her convertible. Two witnesses testified that they saw two teenage girls, who were in the car with Weber, moving to the music in the car. The plaintiff sued Weber and William Valle, the owner of the SUV.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Weber was negligent in operating the car, and that Valle was vicariously liable. The plaintiff claimed that due to the cognitive impairment she suffered as a result of the accident, she was forced to close her business.

DEFENDANTS' CONTENTIONS:
The defendants argued that the heel of Weber's platform shoe got caught in the brake pedal, preventing her from slowing down for traffic. Defendants also argued that plaintiff may have suffered soft tissue injury, but did not suffer a brain injury. They claimed that because it was a low-impact collision and there was a headrest, there was no mechanism to cause the brain injury. The defendants also claimed that there was no initial acute trauma, and suggested that plaintiff closed her business not because of her injuries, but because her business was already starting to decline six months before the accident.

Settlement Discussions

The plaintiff requested $500,000, and defendants offered $15,000.

Specials in Evidence

Plaintiff claimed $17,215.56 for past medical expenses. Plaintiff claimed $180,268 in past loss of income. Plaintiff claimed $73,943 in future loss of income for 2008 and 2009.

Damages

The plaintiff sought recovery of $804,000 for pain and suffering, past medical expenses, and past and future loss of income.

Injuries

Plaintiff claimed she suffered from musculoskeletal injuries, including pain to her neck, shoulders, lower back, and that she felt numbness and tingling in her hands. She also claimed her brain injury caused memory loss, cognitive impairment, numbness to her face, nausea, shortness of breath, fatigue, inability to focus, blurred vision, dizziness, temperature fluctuations, and hearing loss.

Result

The jury found in favor of the plaintiff, finding that her damages totaled $22,948.