Facts

In 2004, defendant Jaime Messinger was driving down Laguna Canyon Road. He struck a car, which then hit a van carrying plaintiffs Marshall and Sandra Goldman, David Wines, and Kathleen La Rosa and her three children. The plaintiffs were all members of the same family, and sued defendant for negligence.

The defendant admitted liability but challenged the claimed damages.

Settlement Discussions

The demands made pursuant to C.C.P. Section 998 were: $20,000 for plaintiff Marshall, $7,500 for plaintiff Sandra, and $3,000 for plaintiff Kathleen. The offers made under C.C.P. Section 998 were: $15,000 for plaintiff Marshall, $6,000 for plaintiff Sandra, and $1,650 for plaintiff Kathleen.

Specials in Evidence

Plaintiff Marshall claimed $10,695. Plaintiff Sandra claimed $2,000. Plaintiff Kathleen claimed $1,227.

Injuries

Plaintiff Marshall sustained soft-tissue injuries to his neck and back, and tore fibers around a disc in his lower back. He required physical therapy, steroid injections, acupuncture, and chiropractic treatment. His wife, plaintiff Sandra, and daughter, plaintiff Kathleen, also sustained soft-tissue injuries to their necks and backs. Plaintiff Kathleen further suffered from whiplash, and like her father, underwent physical therapy treatment. The other plaintiffs, the Goldmans' grandchildren, sustained only minor injuries such as bruising, and required no treatment. The grandchildren, however, claimed emotional distress from seeing their grandparents taken away in an ambulance. The defendant contended that because the accident caused only a minor impact, plaintiffs could not have suffered the claimed injuries. The plaintiffs countered with expert testimony that the vehicle which struck their van had a trailer hitch, which would have increased the impact.

Result

The jury found for plaintiffs, awarding plaintiff Sandra $2,000, plaintiff Marshall $11,000, and plaintiff Kathleen $1,500. The jury did not award damages to the grandchildren.

Deliberation

three hours

Poll

12-0

Length

three days