Facts

In 2004, while traveling northbound on Interstate 680 in San Jose, Maria Mai and her daughter were involved in a motor vehicle accident. Mai, 45, was rear-ended by a vehicle driven by Barbara Swank. As a result of the impact, Mai struck the vehicle in front of her. Alleging negligent operation of a motor vehicle, Mai filed a lawsuit against Swank. The issue of damages, not liability reached trial because Swank admitted fault. The parties settled prior to trial regarding Mai's daughter's injuries.

DEFENDANT'S CONTENTIONS:
The defendant admitted fault, but challenged the number of chiropractic treatments the plaintiff received and the cost associated with those treatments. The plaintiff, who made 44 visits to her chiropractor, only needed 10 treatments at a cost of $1,000 to successfully treat her condition. Through its chiropractic expert, the defense further contended that based on the nature of the plaintiff's injuries, only one week of missed work was acceptable.

Settlement Discussions

The plaintiff demanded $9,000 and the defendant offered $6,315 (C.C.P. 998).

Specials in Evidence

$4,675. The plaintiff is a seamstress who missed three weeks of work as a result of her injuries. She sought $1,500 for lost earnings.

Injuries

The plaintiff suffered soft tissue injuries to her neck and back. She sought chiropractic treatment to improve her condition.

Result

$4,000.

Deliberation

one day

Poll

11-1

Length

three days