Facts

On the night of March 6, 2006, plaintiff Jody Ann Duncan, 54, purchased coffee from a Starbucks on Ventura Boulevard. The plaintiff was entering her parked Ford Explorer when the defendant, who was driving a Range Rover, struck the plaintiff's vehicle. The defendant's vehicle also hit several other parked cars before rolling over.

PLAINTIFF'S CONTENTIONS:
The plaintiff contented that she sustained significant injuries as a result of the accident, including a traumatically induced brain injury. The plaintiff claimed her injuries prevent her from working as an actress in the adult film industry.

DEFENDANT'S CONTENTIONS:
The defendant did not dispute liability for the accident but disputed the nature and extent of plaintiff's injuries.

Settlement Discussions

The plaintiff issued a statutory offer to compromise pursuant to C.C.P. section 998 in the amount of $300,000. On the first day of trial, the plaintiff made a settlement demand in the amount of $200,000. The defendant offered $15,000. Defendant never made a C.C.P. 998 offer to settle.

Specials in Evidence

$52,680 $90,000 $720,000 $60,000

Damages

An ambulance transported the plaintiff to the emergency room. At the emergency room, a scalp laceration was closed with 11 surgical staples. More than three months after the accident, plaintiff received months of chiropractic care. According to plaintiff's counsel, the neurologist, in his final report, did not diagnose plaintiff with traumatic brain injury. According to defense counsel, the plaintiff was also evaluated by a neurologist who performed cervical facet joint injections and EEG studies. The neurologist diagnosed plaintiff as having cervical radiculopathy, post-concussive syndrome and traumatic brain injury. The defendant's experts contended that other than the scalp laceration, at most plaintiff sustained minor soft tissue injuries.

Result

The plaintiff was awarded $5,000 for lost past earnings; $5,246 for property damage and $1,490 for past medical expenses. All other claims including claims for past and future non-economic damages as well as claimed future economic damages were rejected. According to plaintiff's counsel, the jury failed to award pain and suffering as well as future loss of earnings because they did not find that plaintiff was on the painkiller Vicodin because her pupils were not dilated during the showing of her adult movie video. Defense counsel contends this is not true.

Other Information

The plaintiff has filed a motion for new trial limited to the issue of claimed inadequate damages. To refute plaintiff's loss of earnings claims as well as her claims that she suffered ongoing orthopedic and neurological injuries, defense counsel showed the jury a portion of the adult film "Soccer Moms" featuring the plaintiff. According to plaintiff's counsel, plaintiff admitted that she was able to perform in sexually explicit movies and engaged in normal daily activities when she was on painkillers. EXPERT TESTIMONY: Guven Uzun, M.D., neurologist, testified that plaintiff suffered a traumatically induced brain injury as a result of the accident. He opined that plaintiff sustained permanent brain damage. Jeffrey Benton, D.C., testified that in addition to the brain injury, plaintiff also suffered a spondylolishtesis of the L5 as well as significant soft tissue injuries. Barry Ludwig, M.D., neurologist, testified that plaintiff suffered no neurological or permanent injuries as a result of the accident. FILING DATE: Oct. 10, 2006.

Deliberation

one day

Poll

12-0 (past loss of earnings), 12-0 (past medical expenses), 12-0 (past property damage), 12-0 (future loss of earnings), 12-0 (future medical expenses), 10-2 (past non-economic loss), 12-0 (future economic loss)

Length

five days