Facts

Plaintiff Thanh Tran, age 69 years old, was driving his vehicle with his wife, plaintiff Dinh Nguyen, on Marina Boulevard in San Leandro. Defendant Jose Ayala was driving his pick-up truck when he made a left-turn in front of Tran's vehicle. He struck Tran's vehicle, which then struck a third car.

Tran and Nguyen sued Ayala for motor vehicle negligence, to which Ayala conceded liability before trial.

Settlement Discussions

Tran made a C.C.P. Section 998 settlement demand of $9,999 and was offered $8,001 by the Ayala. Nguyen made a C.C.P. Section 998 settlement demand of $11,999 and was offered $11,001.

Damages

Tran sought $7,714.15 for medical expenses as well as non-economic damages for pain and suffering, which totaled $19,774.15. Nguyen sought $8,751.97 for medical expenses as well as non-economic damages for pain and suffering, which totaled $20,751.97. Defense counsel asked the jury to award Tran $3669.15 in economic damages and $2,000 in non-economic damages for a total of $5669.15; for Nguyen $4066.97 in economic damages and $2,000 in non-economic damages for a total of $6,066.97.

Injuries

Tran and Nguyen were taken to San Leandro Hospital by ambulance. Tran suffered sprains to his chest, back, left wrist, left index finger, and left thumb. Nguyen suffered sprains to her chest, back, neck, difficulty breathing, and anxiety. Both Tran and Nguyen underwent three months of chiropractic care.

Result

The jury found for the plaintiffs and awarded $13,774.15 to Tran and $14,751.97 to Nguyen. Tran received $7,774 in economic damages and $6,000 in non-economic damages. Nguyen received $8,752 in economic damages and $6,000 in non-economic damages.

Deliberation

half day

Poll

9-3

Length

three days