Facts

On Aug. 25, 2003, Santa Clara County employee and plaintiff Kathleen Fleming, 52, was driving a car owned by the county in a county lot on Julian Street in San Jose. While driving in the parking lot, Frances Valdez backed her car out of a parking space and the rear of Valdez' car hit the right front fender of Fleming's car.

Claiming injuries, Fleming and the county of Santa Clara sued Valdez for motor vehicle negligence. They also sued the owners of the car Valdez was driving, Manuel and Frances Valdez, for vicarious liability. It was determined that Fleming was driving her car within the course and scope of her employment and so she dismissed her action before trial in exchange for waiver of costs.

PLAINTIFF'S CONTENTIONS:
The county argued Valdez was fully liable for the accident because she should have made sure there were no cars coming before she backed out of her parking space.

DEFENDANTS' CONTENTIONS:
The defendants argued Fleming was liable for the collision because she had stopped her car behind Valdez' as opposed to passing her vehicle or stopping earlier. The defendants claimed Fleming knew Valdez was reversing and looking in the other direction, but that Fleming did not take necessary actions to avoid the collision.

Further, defendants argued the Delta V force of the collision could not have possibly caused the injuries of which Fleming complained. Defendants argued the only injuries that were caused by the collision were minor soft tissue injuries which only take a few weeks to resolve.

Settlement Discussions

The plaintiffs demanded $7,499 per C.C.P. Section 998. The defendants offered $1,600.

Damages

The county sought $8,822 for Fleming's medical bills; approximately $22,000 for permanent disability indemnity payments; and unspecified damages for past pain and suffering.

Injuries

Fleming complained of headaches, back, neck and arm injuries as a result of the collision. She had physical therapy and chiropractic treatment to treat her injuries.

Result

The jury found Valdez 75 percent liable for the accident and Fleming 25 percent liable. The jury awarded the county $19,387 in damages, which yielded $14,540 for the county.

Deliberation

0.75 days

Poll

12-0

Length

four days