Facts

On Oct. 29, 2012, plaintiff Alan Cruz, then 32-years-old, was working as a day laborer at a field located in Stockton. While walking down the dirt road at the field, plaintiff was allegedly struck by defendant Agustina Sanchez's 1999 Toyota Tacoma.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant was backing up her truck when the truck struck his back. Plaintiff claimed that he sustained injuries to his neck, upper middle back, low back, left knee, and had pain radiating down his left leg as a result of the incident. Cruz claimed defendant was negligent in the operation of her vehicle.

DEFENDANT'S CONTENTIONS: Defendant denied that she was negligent. Defendant contended that her truck was not moving and alleged that plaintiff bumped into her parked truck while intoxicated. Defendant further disputed any injuries alleged by plaintiff and the nature and extent of medical treatment sought by him.

Insurer

State Farm.

Settlement Discussions

Prior to trial, defendant served a CCP 998 Offer to Compromise in the amount of $18,000. Subsequently, plaintiff made a CCP 998 Offer to Compromise in the amount of $100,000. Neither offer was accepted.

Damages

Cruz sought damages for past and future pain and suffering. The court granted defendant's motion for directed verdict as to the issue of past medical expenses on the basis that there was no evidence of the same admitted during the trial. Plaintiff also sought future medical expenses. Plaintiff sought a verdict in the amount of $350,000, which included $150,000 in future medical expenses, $100,000 for past pain and suffering and $100,000 for future pain and suffering.

Injuries

Plaintiff claimed that he sustained injuries to his neck, upper middle back, lower back, left knee, and had pain radiating down his left leg as a result of the incident. Plaintiff claimed that he sustained an aggravation to a pre-existing condition in his lumbar spine due to the subject incident and that the incident lit up a prior asymptomatic condition. Plaintiff alleged that as a result of his injuries, he needed a two level lumbar disc fusion. Past medical treatment included chiropractic, aquatic therapy, and an epidural injection. The defense denied that plaintiff sustained any injury as a result of the incident, and argued that plaintiff's pre-incident complaints of low back pain were consistent with those reported after the incident. The defense produced surveillance video of plaintiff at trial, which seemed inconsistent with plaintiff's testimony about his activity level and the observations made by his treating physicians. The defense argued that plaintiff's low back pain was the result of multiple factors including a history of prior injuries, specially a car crash that happened just six months prior to the subject incident, labor intensive job and a congenital condition. The defense further argued that plaintiff did not need a two level fusion surgery.

Result

The jury found unanimously for defendant.

Other Information

Defendant filed a memorandum of costs. Plaintiff has filed a motion for new trial.