Facts

On March 15, 2006, plaintiff Demetrius Smith was involved in a vehicular collision with defendant Lafayette Love at the on-ramp of the SR-91 freeway, west of Downey Avenue in Long Beach. Smith, in his 1996 Mazda 626, was at a traffic light when Love rear-ended him in her 2000 Mercury Mountaineer.

PLAINTIFF'S CONTENTIONS:
Smith contended that his injuries were caused by Love's negligence.

DEFENDANT'S CONTENTIONS:
Defendant argued at trial the plaintiff's disc herniations were "degenerative" and existed prior to the accident. Defendant also argued that plaintiff's injuries were caused by a subsequent accident and not the accident in question even though they did not present any evidence to support this position. Defendant further contended that plaintiff was not seriously injured because he waited one year and six months after his physical therapy was completed to undergo an epidural injection.

Settlement Discussions

Prior to trial, AAA, defendant's insurance company, served a $20,000 C.C.P. section 998 offer. Plaintiff served a C.C.P. section 998 for $75,000. Due to a previous stipulation, the parties agreed that for the purposes of the judgment and not the recoverable costs per the C.C.P. section 998, the judgment would not exceed $100,000.

Specials in Evidence

$10,390

Injuries

Plaintiff contended he suffered a couple 2 mm disc herniations with residual pain.

Result

The jury found for the plaintiff in the amount of $101,528, representing $34,028 for past economic loss; $45,000 for future physical therapy; $15,000 for past non-economic loss; and $7,500 for future non-economic loss.

Other Information

Due to a previous stipulation by the parties to not exceed $100,000, the court entered a judgment of $100,000 for all claims.