Facts

On Dec. 26, 2003, plaintiff Larisa Guchkova, 63 and plaintiff Peter Zilbermints, 64, both retired, were passengers in their son, Boris Zilbermints car going on 19th Avenue in San Francisco. Their SUV was in front of a van driven by Matthew Bauman. A car in front of Zilbermints' vehicle, driven by Wilson, stopped suddenly but Bauman was not able to stop and rear-ended Zilbermints' SUV. Peter and Larisa claimed they sustained injuries in this accident.

PLAINTIFFS' CONTENTIONS:
Plaintiffs Peter Zilbermints and Larisa Guchkova sued Bauman and Linda Bauman, the owner of the van he was driving. They alleged that Matthew Bauman was negligent in the operation of the vehicle and that Linda Bauman was vicariously liable for his actions. They also contended that Matthew Bauman's inattention and failure to keep a safe distance behind their son's vehicle was the sole and proximate cause of the accident.

DEFENDANT'S CONTENTIONS:
Defendant Baumans' contended that the accident was caused by the negligence of Wilson who was not a party to the lawsuit. They further alleged that no evidence was presented on behalf of plaintiffs to establish negligence on the part of Matthew Bauman. They argued that but for the negligence of Wilson, the accident would not have occurred, and the accident was unavoidable by Matthew Bauman.

Settlement Discussions

The case went into arbitration and Brian Kram found liability against the Baumans and awarded Guchkova $9,500 plus costs and Zilbermints $5,850 plus costs. The Baumans rejected the arbitration award and requested a trial.

Damages

Guchkova sought medical expenses in the amount of $5,049 while Zilbermints claimed medical expenses for $2,598. Each sought recovery of unspecified damages for past and future pain and suffering.

Injuries

Guchkova was diagnosed with cervical strain and mild closed head injury. Both plaintiffs claim they suffer from residual pain and discomfort on a daily basis.

Result

The jury returned a verdict in favor of defense and found Matthew Bauman not negligent.

Other Information

Insurer for defendants: State Farm. The defendants have filed a memorandum for costs in the amount of $14,000. The plaintiffs' motion to tax costs was denied by the court.

Deliberation

25 minutes

Length

six days