Facts

On Aug. 5, 2005, plaintiff Nikko Jayo was driving his car in a Pittsburg alleyway when he was involved in a vehicle collision with defendant Daniel Villasenor. Jayo sued Villasenor and his company, U-Save Dry Cleaners, alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Jayo claimed that Villasenor was backing out of a parking space behind his dry cleaning business and reversed into the right side of Jayo's car, sideswiping him. This resulted in Jayo being thrown violently to the left, striking the window and the side of his car.

DEFENDANT'S CONTENTIONS:
Villasenor claimed, and had an expert testify, that had Jayo been hit on the right, he would have been flung to the right, not to the left. Another expert testified and support Villasenor's claim that the accident occurred at 5-7 mph, and was thus not forceful enough to cause the injury.

Settlement Discussions

Jayo demanded $50,000.

Specials in Evidence

Jayo claimed $25,000 in medical bills. Jayo claimed he missed several months of work after his surgery and sought to recover lost earnings.

Damages

Jayo claimed property damages of $3,429.

Injuries

Jayo claimed a torn rotator cuff after the hospital could not initially locate the source of his shoulder pain. The injury was repaired and he received physical therapy.

Result

The jury awarded Jayo $39,829, but found that the rotator cuff injury was unrelated to the accident. The money was broken down as such: $1,400 past medical bills, $10,000 in past lost earnings, $3,429 for property damage, and $25,000 in general damages.

Deliberation

four hours

Length

four days