Facts

In June 2004, plaintiff Hue Nguyen was on the exit ramp in the parking lot of a store located in Santa Clara. Defendant Anne Atencio collided with her vehicle from behind. Plaintiff sued, claiming negligent operation of a motor vehicle.

PLAINTIFF'S CONTENTIONS:
Before defendant hit her, plaintiff was at a standstill in the exit lane for about 15 seconds.

DEFENDANT'S CONTENTIONS:
Defendant was in the exit lane before plaintiff. The collision occurred when plaintiff suddenly moved in front of defendant.

Settlement Discussions

Plaintiff demanded policy limits of $25,000. No offers by defendant.

Specials in Evidence

Plaintiff sought $8,000. Plaintiff sought $2,300.

Injuries

Plaintiff sustained a lumbar sprain. Her X-rays revealed that she suffered from spondylolysis. She underwent chiropractic treatment. Although she stated at trial that she had never before received such treatment, her medical records showed that she had undergone treatment for a prior accident. According to the testimony of the police officer who arrived at the scene of the accident, plaintiff stated that she was not hurt. Plaintiff objected to this testimony, claiming she had stated that she was injured.

Result

The jury found for defendant on the ground that plaintiff was not reliable enough to satisfy the burden of proof regarding liability. According to the jury, plaintiff's testimony was not credible based on the defense's impeachment of her police report statement.

Deliberation

2.5 hours

Poll

12-0

Length

four days