Facts

On Oct. 7, 2007, defendant Autumn Sarah Garzagossett, 25, was driving a 1995 Ford Crown Victoria in the number two northbound lane of Normandie Avenue in Los Angeles. Just prior to the accident, the driver of an unidentified vehicle in the bicycle lane to her right suddenly cut in front of her vehicle, forcing her to swerve into the number one lane to avoid striking the unidentified vehicle. When she swerved into the number one lane, she struck the rear of a 2000 Chevrolet Astro van, which was stopped for a red light at the intersection with Washington Boulevard. The Chevrolet Astro van was being operated by plaintiff Jose Canales, 49, and occupied by plaintiffs Maria Canales, 44, Rosario Paiz, 56, all of whom were on their way to work as janitors, cleaning offices.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant was negligent, causing the accident and their injuries as well as damages.

DEFENDANT'S CONTENTIONS:
The defendant argued the driver of the unidentified vehicle was negligent and caused the accident, placing her in imminent peril and forcing her to swerve into the number one lane to avoid colliding with the unidentified vehicle.

Settlement Discussions

Jose Canales demanded $6,500 with an indication that he would split the difference between defendants offer of $1,500 and his demand. Rosario Paiz demanded $8,500 with an indication that she would split the difference between defendants offer of $1,500 and her demand. These demands included costs. Defendants offered $1,500 to each plaintiff via C.C.P. 998 offers. However, those offers were invalid due to the fact that they did not offer judgment but rather required plaintiff to dismiss their case (so plaintiffs could not recover costs).

Specials in Evidence

$3,255 (Jose Canales); $3,015 (Maria Canales); $3,635 (Rosario Paiz). Neither Jose Canales nor Maria Canales made a claim for loss of earnings. Rosario Paiz claimed she was off work for one day, for which she sought to recover her loss of earnings for approximately $100.

Damages

Jose Canales' property damage to his 2000 Chevrolet Astro van came to $2,555. Defendant's insurance carrier settled his property damage claim before trial. Defendant's vehicle sustained significant front-end damage causing the airbags to deploy. The vehicle was deemed a total loss.

Injuries

All three plaintiffs sustained neck and back soft tissue injuries. They treated with a chiropractor for approximately three months. None of the plaintiffs had any residual complaints. Defendant's medical expert testified the medical services rendered to plaintiffs were neither reasonable nor necessary.

Result

The jury returned a verdict in favor of plaintiffs Jose Canales and Rosario Paiz. Plaintiff's entire medical bills were awarded, $7,020. ($3,285 for Jose Canales for his chiropractic bill; $3,635 for Rosario Paiz for her chiropractic bill and $100 for her loss of earnings). General damages were not awarded. Defendant paid plaintiff's entire cost bill in the amount of $2,655. Maria Canales settled her claim prior to trial for $1,500.

Other Information

There is a motion pending for attorney's fees pursuant to C.C.P. 2033 (failure to admit to liability). The motion is based on defendant having admitted to liability only to change her decision after realizing plaintiffs were making injury claims. This was also due defendant's admission to the police that a van cut her off, but testified in deposition and trial that it was a Toyota Corolla. Insurer: Mercury Insurance Group.

Deliberation

three hours

Poll

11-1

Length

three days