Facts

On Jan. 3, 2005, at 9:30 a.m. on the 101 Freeway near the California Street off ramp in Ventura, plaintiff Efrain Corona, 28, was driving a 2000 Mazda Protégé which was rear-ended by Matt Meyers, 22, who was driving a 1990 Jeep Cherokee in the number one northbound lane. There was no traffic collision report prepared, and the California Highway Patrol were not called to the scene and did not investigate the accident.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that this was a heavy impact accident, which caused the injuries and damages alleged.

DEFENDANT'S CONTENTIONS:
The defense admitted liability but contended that the accident caused minor soft tissue injuries. The plaintiff had a workers' compensation claim ongoing at the time of the accident for injuries to his wrist. He also had two felony convictions approximately 10 years before the accident. The defendant contended that the plaintiff was a truck driver who was able to do all of his normal activities notwithstanding his complaints of chronic pain. The defendant claimed that Dr. Alan Moellikan provided excessive medication that was unreasonable and unnecessary.

Settlement Discussions

The plaintiff demanded $100,000 (policy limits). The defendant made a C.C.P. section 998 offer of $65,000.

Specials in Evidence

Approximately $60,000.

Damages

The plaintiff claimed $1,000 in past loss of earnings and $5,600 in future loss of earnings if he has the surgery.

Injuries

The plaintiff claimed injuries to his neck and back. Dr. Alan Moellikan recommended a C5-6 posterior foraminotomy.

Result

Verdict for $17,399 ($12,399 past medical expenses and $5,000 past non-economic loss).

Other Information

The defendant's motion to tax plaintiff's costs granted on May 6, 2009. Net verdict to plaintiff for $354 after the defendant's costs of $17,476 offset from judgment. INSURER: State Farm insured Meyers. FILING DATE: Dec. 20, 2006.

Deliberation

1.5 hours

Poll

12-0

Length

five days