Facts

Jonathan Barajas, Ruben Barajas and Jose Lopez sued German Ruiz, in connection with a motor vehicle accident.

Both technical experts agreed that the accident was a low speed accident below the threshold for injury. The two experts just disagreed over who was at fault.

PLAINTIFF'S CONTENTIONS:
Jonathan was operating a vehicle in the carpool lane of State Route 60. Ruben was his front seat passenger, while Lopez sat in the back seat. While driving, their vehicle rear-ended a vehicle driven by Ruiz. As a result, plaintiffs were injured. Plaintiffs sued defendant, alleging negligence. Plaintiffs accused defendant of causing the collision by attempting to enter the carpool lane and cutting them off, causing the collision.

DEFENDANT'S CONTENTIONS:
Defendant argued that Jonathan was the one who was negligent. Defendant claimed that he was exiting the carpool lane, but had to remain in the carpool lane when the traffic on the number one lane suddenly stopped. Defendant claimed that plaintiffs' vehicle failed to stop, rear-ending his vehicle. Defendant contended that plaintiffs had a chance to stop to avoid the collision, but did not do so. Moreover, defendant contended that the accident was a low-speed collision that would not have resulted in the injuries plaintiffs claimed. Defendant disputed the injuries plaintiffs claimed, and their alleged need for future surgeries.

Settlement Discussions

Ruben made a CCP 998 demand of $62,000, which Ruiz countered with CCP 998 a $2,406 offer. Jonathan made a CCP 998 demand of $10,000, which Ruiz countered with a CCP 998 offer of $573. Lopez made a CCP 998 demand of $75,000, which Ruiz countered with a CCP 998 offer of $1,423.

Damages

Jonathan sought $4,375 in medical expenses. Ruben sought $14,420 in past medical expenses and approximately $25,000 in future medical costs. Meanwhile, Lopez sought $10,710 in past medical expenses, and between $12,000 to $21,000 for cervical injections, and approximately $25,000 for the knee surgery.

Injuries

Jonathan claimed injuries to his neck and back, and received physiotherapy. Ruben received physiotherapy and chiropractic treatment, and claimed he would need surgery for his elbow. Lopez also received physiotherapy and chiropractic treatment. He claimed he would need future knee surgery and epidural shots to his back.

Result

A jury found Jonathan and Ruiz equally liable, and awarded plaintiffs $4,300 in total damages, which included $1,000 for Jonathan's damages, $1,500 for Lopez's damages, and $1,800 for Ruben's damages. Plaintiffs' total recovery was reduced to $3,800 after the offset.

Other Information

As plaintiffs' awards did not exceed the defendant's CCP 998 offer the defendant would have been entitled to costs. Plaintiffs agreed not to file a motion for new trial if defendant would waive costs and the parties resolved the case on that basis. Ruiz has filed a cross-complaint for indemnity against Barajas.