Facts

On Sept. 9, 2003, plaintiff Magda Hurtarte, 44, a manager of a residential cleaning company, was driving on Jackson Street in Hayward. She was rear-ended by a Ford F350 truck driven by defendant Ruben Arreola, who was working for Andreini Brothers. The impact caused Hurtarte's vehicle to ram into the car in front of her.

PLAINTIFF'S CONTENTIONS:
Hurtarte sued Arreola and the Andreini Brothers. She alleged that Arreola was negligent in the operation of a motor vehicle and that Andreini Brothers was vicariously liable.

DEFENDANT'S CONTENTIONS:
Arreola and Andreini Brothers admitted liability.

Settlement Discussions

Defendant's 998 offer was $125,000. Plaintiff's 998 demand was $225,000.

Damages

Hurtarte claimed $35,000 in past medical specials and sought $210,000 in past and future lost wages, and unspecified amounts for future medical costs past and future pain and suffering.

Injuries

Hurtarte suffered from cervical strain, closed head injuries, cognitive deficit, a concussion, headaches, memory loss, nausea, speech impairment and traumatic brain injury.

Result

The jury returned a verdict in favor of Hurtarte and awarded her $245,000.

Other Information

Defense's motion for new trial was withdrawn after the parties settled on costs for $55,000.