Facts

Michael and Alexandra Mandel filed a lawsuit against Elizabeth Veale and Polly Young in relation to a motor vehicle collision.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that on Dec. 26, 2008, Michael was driving with his daughter, Alexandra, as a passenger, and as they crossed an intersection, a vehicle driven by Veale crashed into the side of their car. They claimed that Veale drove negligently and that Young, who owned the car, should also be held responsible. They argued that Veale was supposed to wait for them to cross at a stop sign and that they had an uncontrolled right of way, which Veale unlawfully failed to yield to at the intersection.

DEFENDANT'S CONTENTIONS:
Defendants claimed that Michael would not need shoulder surgery and that his dental problems were not due to the accident, but preexisting issues.

Settlement Discussions

Plaintiffs demanded $150,000 under CCP Section 998, and defendants offered $85,001 as to Michael. Plaintiffs demanded $25,000 under CCP Section 998, and defendants offered $7,501 as to Alexandra.

Damages

Michael sought $50,300 in medical expenses and Alexandra asked for $5,160 in past medical expenses.

Injuries

Michael claimed he suffered shoulder injury, mouth injury, neck and back injuries, and underwent chiropractic care and acupuncture. Alexandra suffered soft tissue sprain, neck injury and shoulder injury, and underwent chiropractic treatment.

Result

The jury awarded $77,387. Michael Mandel received $68,302, and Alexandra Mandel received $9,085.

Other Information

FILING DATE: Nov. 8, 2010.

Deliberation

one day

Poll

12-0

Length

four days