Facts

On Jan. 17, 2004, Sunita Sethi, a computer technician, was driving a car with her two children, Arun Sethi, age 15, and Richa Sethi, age 13, at Alvarado Boulevard near Dyer Street in Union City, when her car was rear-ended by a utility van owned by American Chimney Services, defendant, and driven by Steven Lewis.

On Nov. 8, 2004, Sunita was involved in a second accident. While she was driving south on industrial Parkway SW near Whipple Road in Hayward, Bonar Siahann, defendant, was driving in the opposite direction. After another driver had waved Siahann through a gap in the line of cars, Siahann had almost completed his turn when he struck Sunita's car over the rear tire.

Sunita and her two children, plaintiffs, sued American Chimney Services, and Sunita alone sued Siahann, the driver for the November accident. Both causes of action were tried together.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Steven Lewis was driving the van in the scope of his employment, and thus American Chimney Services was vicariously liable.

DEFENDANTS' CONTENTIONS:
American Chimney Services argued that Sunita caused the accident by stopping unexpectedly. American Chimney Services also claimed that Sunita's treatment was unreasonable and unnecessary.

Siahann argued that a witness saw Sunita on her cell phone before the accident and that she was inattentive. Siahann argued that Sunita violated the California Vehicle Code by not yielding to the right of way to a driver who had substantially completed his left turn. Siahann argued that part of Sunita's disability was related to her January accident.

Settlement Discussions

Plaintiff Sunita made a CCP section 998 offer to compromise to defendant American Chimney for $30,000. Pursuant to the section CCP 998, costs and interest have not been determined at this date.

Specials in Evidence

For the January accident, Sunita sought $12,121.11. As for the November accident, Sunita sought $7,942.71. For the January accident, Sunita sought $44,935 in lost wages for Jan. 17, 2005 to Oct. 30, 2004. As for the November accident, Sunita sought $10,835.50 in lost wages from Nov. 8, 2004 to Jan. 16, 2005.

Damages

For the January accident, Sunita sought $57,000 in economic damages and $13,000 in noneconomic damages. Richa sought $7,500 for economic damages, and Arun sought $6,000 in economic damages. As for the November accident, Sunita sought $16,000 in economic damages and $7,500 in non-economic damages.

Injuries

Sunita claimed she suffered neck and back strain as a result of the January accident. Her children claimed they suffered soft-tissue neck and back injuries. Sunita received five to six months of physical therapy, and the Sethis received chiropractic treatment for a few months to one year. Sunita claimed she missed one year of work, and that she went on disability as a result of the January accident. As a result of the November accident, Sunita sustained left shoulder and neck pain. She received physical therapy and chiropractic treatment. Tests showed that Sunita had a slight disc protrusion in her neck. She missed some work due to the accident.

Result

The jury found that American Chimney Services was 100 percent liable for the January incident. The jury found that Sunita's economic damages totaled $30,000, $500 for Arun's economic damages, and $800 for Richa's economic damages. As for the November incident, the jury found Siahann was 60 percent liable and Sunita was 40 percent liable. The jury found Sunita's economic damages totaled $2,300, less the 40 percent contributory negligence.

Deliberation

4.5 hours

Poll

12-0 (against American Chimney); 12-0 (against Siahaan on damages; 10-2 (against Siahaan on apportionment of liability)

Length

10 days