Facts

On Jan. 28, 2006, plaintiff Keshia Cotton, a 20-year-old massage therapist, was driving along East Imperial Highway in Los Angeles. Defendant Leslie Machuca, who was driving her mother's vehicle pursuant to a permit, maneuvered a left-turn out of a fast food location onto East Imperial Highway. The two vehicles sideswiped each other, with the impact occurring at the right-rear section of defendants' vehicle and the left-rear section of plaintiff's vehicle.

Plaintiff filed suit alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant driver pulled out in front of her vehicle, forcing her to swerve to avoid an accident. Plaintiff then alleged that defendant driver began to change lanes, which resulted in the accident.

DEFENDANTS' CONTENTIONS:
Defendants denied liability, claiming that plaintiff was negligence caused the accident.

Settlement Discussions

Plaintiff demanded $25,000 (C.C.P. 998) and defendants offered $8,000 (C.C.P. 998).

Specials in Evidence

$10,383. However, plaintiff provided a medical bill of $717.50 to the jury for reimbursement. $2,000

Damages

$75,000 for pain and suffering.

Injuries

Plaintiff alleged soft-tissue neck and back injuries, including associated shoulder, chest and hip pain. She also claimed a concussion. Defense expert opined that there was no objective evidence supporting plaintiff's claimed injuries and further stated that plaintiff's injuries could have been reduced had she properly worn her seatbelt. This latter opinion was based on evidence that plaintiff was utilizing only the lap portion of her seatbelt and not the shoulder harness.

Result

Defense verdict. The jury found that plaintiff failed to prove liability, thus the issue of damages was never addressed.

Other Information

On the first day of trial, plaintiff was arrested at the courthouse because of unpaid traffic tickets. She was incarcerated for three and a half days, while her trial was in progress. Only on the last day of trial was plaintiff able to testify as a witness. According to plaintiff's counsel, this situation affected their proofs at trial. Post trial: Defendants were awarded costs of $4,881.16. Mercury Insurance for defendants.

Deliberation

one hour

Poll

9-3

Length

three days