Facts

On Aug. 12, 2004, plaintiff Leonel Gomez’s car was rear-ended by defendant Shiva Manian's SUV.

The plaintiff claimed that defendant was following him too closely, and the force of the resulting accident was significant, causing him injury.

The defendant conceded liability, but disputed the nature and causation of the plaintiff's injuries. She claimed the accident, which happened during rush hour, was not significant enough to have caused the plaintiff's injuries. She denied liability for plaintiff's claimed medical bills, but did not challenge his lost wages.

Settlement Discussions

The plaintiff demanded $7,000. The defendant offered $7,000 in her answer, but withdrew the offer after an arbitration award was entered for $3,200.

Specials in Evidence

Plaintiff sought $3,825 for three months of chiropractic care. $555

Damages

The plaintiff sought $5,000 for his pain and suffering.

Injuries

The plaintiff claimed soft-tissue neck and back injuries.

Result

The jury awarded plaintiff $4,105, of which $2,700 was for his medical treatment, $555 was for lost earnings and $850 was for his pain and suffering.

Other Information

The plaintiff's counsel stated that he believed the $7,000 offer was still available after arbitration and attempted to accept, but defense counsel informed him that the offer was no longer available. The plaintiff agreed to waive his motion for fees and costs because of the defendant's failure to respond to his Request for Admissions. In exchange, the defendant agreed to a waiver of costs because the plaintiff had refused to accept a C.C.P. Section 998 offer that was larger than the subsequent jury award.

Deliberation

one day

Poll

11-1 (causation), 9-3 (damages)

Length

four days