Facts

Plaintiff Kathy Castaneda, 30, was going east on Belmont Avenue, near Willow Avenue, in Fresno, California. The plaintiff came to a stop due to traffic. Garrena Graham, defendant, drove a car owned by Edna Banks, defendant. Graham was driving right behind plaintiff and was slowing down for traffic, but was unable to stop in time. Graham hit the rear of plaintiff's car. According to Graham, she was traveling 15 mph when she hit plaintiff's car.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the injuries she suffered were due to the impact of Graham hitting her car. She claimed her injuries interfered with her daily activities.

DEFENDANTS' CONTENTIONS:
The defendants contended the accident was not a substantial factor in causing plaintiff's injuries. They further claimed that plaintiff's treatment was excessive. They argued that the low impact could not have caused plaintiff's injuries.

Settlement Discussions

The plaintiff sought $10,000 and defendants offered $501.

Damages

Plaintiff claimed $600 in property damage.

Injuries

The plaintiff suffered soft-tissue injuries and received medical treatment for those injuries. She also suffered ongoing neck and back pain.

Result

The jury returned a verdict in favor of plaintiff for $28,800. Specifically plaintiff was awarded $20,000 for pain and suffering, and $8,800 in past medical expenses.

Other Information

INSURER: Safeco Insurance for defendant Banks. The defense expert was excluded from testifying due to foundational issues. The defense was prohibited from referring to his opinion at all stages of the trial.