Facts

On July 3, 2005, plaintiff ICU nurses Hilary and Scott Gilligan, 30 and 34, were on a motorcycle stopped in traffic on Lawrence Expressway in Santa Clara. Their motorcycle was hit by a car that was rear-ended by another car, causing the motorcycle to proceed forward and hit the car in front of it.

Investigating officers concluded that Mong Hong Chan, the driver of the initial car that caused the accident, was driving approximately 40 mph when he hit the car in front of him.

Plaintiffs sued Chan for motor vehicle negligence.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that they were completely stopped when they were hit from behind and further contended that Chan was fully responsible for the accident.

DEFENDANT'S CONTENTIONS:
Defendant conceded liability.

Specials in Evidence

Hilary sought $23,145.21; Scott sought $22,188.28.

Damages

Hilary sought $13,041 for lost wages; Scott sought $4,793 for lost wages. Both also sought damages for pain and suffering. Chan contended the nature, extent and cause of plaintiff's claimed injuries.

Injuries

Plaintiffs were taken to the emergency room following the accident. Hilary suffered a mid-to-low back injury, sprained neck, back, and ankle, broken rib, numbness, as well as pain in the right side of her middle back. She also suffered bruising on her back and legs. She was diagnosed with persistent thoracic region pain as well as numbness; after undergoing an MRI, she was given a thoracic joint injection. Scott suffered a concussion, loss of consciousness and memory, post-concussive syndrome as well as other injuries. He was diagnosed with post-traumatic migraines and left cervical radiculopathy.

Result

Case settled for $200,000 before trial began. Each plaintiff will receive $100,000.

Other Information

Chan's insurer was California State Automobile Association.