Facts

On Aug. 10, 2007, plaintiff Hank Redford, 83, was stopped in his 1992 Saturn SL2 due to traffic on Fourth Street, near the intersection of Hewitt Street in Los Angeles, when his vehicle was struck in the rear by a 1999 Toyota 4-Runner being operated by defendant Laura M. Velarde, 40. Defendant Joe Velarde, Laura M. Velarde's husband, was not involved in the accident, but was sued as a joint-owner of the Toyota 4-Runner.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the force of the impact pushed his vehicle 10 to 15 feet forward and to the right into a curb.

DEFENDANTS' CONTENTIONS:
Laura M. Velarde claimed she was stopped in traffic between two and four feet behind the plaintiff's vehicle. She took her foot off her brake pedal, causing her vehicle to roll forward and bump the rear of plaintiff's vehicle. She claimed his vehicle was not pushed forward as a result of the accident.

Settlement Discussions

The plaintiff made a C.C.P. section 998 demand of $200,000, later reduced by C.C.P. section 998 of $9,000. The defendant made a C.C.P. section 998 offer of $1,000.

Specials in Evidence

$2,407 The plaintiff, who has been retired for over 20 years, did not make any claims for loss of earnings or loss of earning capacity. $12,000

Damages

The plaintiff's property damage, which consisted of scratches to the rear bumper cover, was settled before trial for $491. The defendant's vehicle was not damaged as a result of the accident.

Injuries

The plaintiff claimed to have sustained soft tissue injuries to his neck and back with pain radiating to his arms and numbness in his hands. He also claimed he could no longer move his neck more than one inch in either direction or up or down. He treated his alleged injuries with an acupuncturist on 15 occasions over a six-week period, receiving acupuncture and physical therapy. His acupuncturist testified he would need future therapy for 12 months at a cost of $12,000. The defense argued that plaintiff could not have been injured in the accident and the medical treatment he received was neither reasonable nor necessary. The defense counsel also noted in closing argument that plaintiff repeatedly turned his neck while on the witness stand without any apparent problem.

Result

The jury rendered a unanimous defense verdict, finding the accident was not a cause of plaintiff's alleged injuries.

Other Information

EXPERT TESTIMONY: Joseph Lucero, an accident reconstruction expert, estimated the impact speed was between 15 to 20 mph and could likely cause injuries. Thomas Murtaugh, an accident reconstruction expert, estimated the impact speed was 4 mph and was not likely to have caused any injuries. Milton Legome, M.D., who examined the plaintiff, testified that plaintiff consciously exaggerated his complaints during the examination and that the medical treatment he received was neither reasonable nor necessary. Insurer: Mercury Insurance Group.

Deliberation

two hours

Poll

12-0

Length

eight days