Facts

Guillermo Arias sued Kyle McDarias and Steven McDarias, based on a traffic accident.

PLAINTIFF'S CONTENTIONS:
On Nov. 17, 2011, plaintiff was driving near an intersection when he was hit by another vehicle. Plaintiff claimed that the other vehicle, driven by Kyle McDarias, suddenly crossed over the centerline of the intersection, causing a head on collision with Arias. Arias then sued Kyle McDarias and Steven McDarias, the owner of the vehicle. Arias argued that Kyle had been driving inattentively, causing the accident, and that Steven was also responsible for his actions.

DEFENDANT'S CONTENTIONS:
Kyle McDarias claimed that he had been driving behind Arias, and that another vehicle hit him from behind, pushing him into Arias' vehicle and causing the accident. He later claimed that he did not remember what had happened.

Settlement Discussions

Arias demanded $100,000 to settle. The McDariases offered $60,000.

Injuries

Arias complained of pain to his back, neck, and shoulders. He later required a surgery.

Result

A jury awarded Arias $128,127 after it found that Kyle was the only cause of the accident.

Other Information

INSURER: Mercury Insurance Group.