Facts

Plaintiff Lori McGinley was driving when she was rear-ended by another vehicle operated by Bonnie Eichenberg. The impact pushed McGinley's vehicle to crash into another vehicle, and she was injured as a result thereof.

McGinley sued Eichenberg for motor vehicle negligence. She also sued Eichenberg's husband Tim, the owner of the vehicle, for vicarious liability, but he was ultimately dismissed.

Eichenberg admitted liability, and the matter proceeded to trial on causation and damages.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant was driving inattentively and possibly using a cell phone device during the accident.

Settlement Discussions

McGinley demanded $450,000. Defendants made a CCP 998 offer of $36,000.

Damages

McGinley sought $28,000 in past medical costs and $1 million in total damages.

Injuries

McGinley, in her 40s, was taken to the emergency room by ambulance with complaints of neck and lower back pain. McGinley had undergone a three-level cervical fusion three months prior to the accident, and was wearing a neck brace at the time of the accident. She treated with additional physical therapy and injections. She also claimed a ligament tear of her left, dominant thumb and underwent surgery for that injury.

Result

The jury ultimately awarded McGinley $10,000 in total damages. Based on CCP 998 offers, defendants were granted costs in the amount of $28,602, resulting in a defense award of $18,602.

Deliberation

four hours

Poll

11-1

Length

five days