Facts

Jesus Lopez was driving west near Centinela when he was involved in an accident with a vehicle operated by Kristine Agabian. The right-front corner of Lopez's vehicle came into contact with the left-front panel of Agabian's vehicle. Lopez's vehicle then struck the center divider.

Lopez sued Agabian, alleging that she was negligent in the operation of her vehicle. Lopez argued that he was driving in the left lane when Agabian made an unsafe lane change and caused the accident. A witness also testified that Agabian made an unsafe lane change.

Agabian argued that she was not negligent, as she was cut-off by a phantom vehicle in the right lane, forcing her into the left lane. She claimed that she was in imminent peril and could not avoid the accident.

Settlement Discussions

Plaintiff demanded $100,000 policy limits by way of a CCP 998. Defendants offered $40,000 by CCP 998.

Damages

Lopez claimed $19,500 in damages for past medical costs, and $80,000 for future medical costs. He also requested $400,000 for his pain and suffering.

Injuries

Lopez claimed neck and back pain, which was treated with physical therapy. An MRI revealed lumbar disc herniations. He underwent two series of epidural injections to his lower back to treat.

Result

The jury awarded Lopez $20,488.

Other Information

Post-trial motions resulted in a net award for defendant.

Deliberation

four hours

Length

six days