Facts

Ellen Freed sued Enzor Savage for motor vehicle negligence after he rear-ended her on Alcatraz Ave. in Berkeley. An accident reconstruction expert testified that the damage was caused by the vehicles' underride or bumper, resulting in the front ends of both cars lowering and the backs to raise. Freed's bumper was thus raised when it was rear-ended by Savage's lowered guard, causing greater damage.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended she was struck from behind while she was stopped at a red light.

DEFENDANT'S CONTENTIONS:
The defendant admitted liability with regard to the collision but contended he had the green light when he hit plaintiff.

Injuries

The plaintiff suffered from sciatica in her left leg and underwent surgery for her lower back. Although she suffered from pre-existing back pain, the accident allegedly exacerbated her condition. The defendant stipulated the plaintiff's treatments were reasonable and necessary for her medical condition but contended spinal degeneration was part of the aging process. This was proven by an MRI. An expert testified plaintiff's injuries were not caused by the accident but by plaintiff's preexisting lower back pain and sciatica.

Result

Defense.

Deliberation

three hours

Poll

12-0

Length

five days