Facts

On March 20, 2013, defendant Sandra Oscarsson was vacationing in California with three girlfriends, visiting from Sweden. She was driving a rented car southbound on the 101 Freeway in Oxnard, when traffic suddenly came to a stop. Oscarsson rear-ended plaintiff Barbara Sandoval-Absher at a speed of seven to 10 mph. As a result of the rear impact, plaintiff's foot came off the brake, and she then impacted the car in front of her at a speed of three to five mph.

In an admitted-liability case, the dispute was over the extent the damages claimed by plaintiff Sandoval-Absher were related to the accident.

PLAINTIFF'S CONTENTIONS: Plaintiff Sandoval-Absher claimed that the accident affected her severely because she was an eggshell plaintiff given her history of accidents and injuries, causing her to be susceptible to significant injury from a fairly low-impact accident. The accident caused the need for neck surgery, future lower back surgery, and lost earnings.

DEFENDANT'S CONTENTIONS: Defendant Oscarsson admitted fault for the accident, but claimed that the accident only exacerbated plaintiff's pre-existing spine problems for about eight months. The accident did not cause the need for the December 2016 neck surgery, and was not a cause of any need for a future lumbar surgery.

Settlement Discussions

Plaintiff's demand before the start of trial was $950,000, which was lowered to $600,000 before closing arguments. Plaintiff turned down an offer in the middle six figures during trial, and asked the jury to award $3 million.

Specials in Evidence

Plaintiff argued for past medical expenses in the amount of $194,313. Defendant argued that reasonable past medical expenses were in the amount of $8,309. Plaintiff claimed past lost earnings at one year, for $52,500. Defendant argued that there were no past lost earnings related to the accident. Plaintiff sought future loss of earning capacity in the range of $333,333 to $500,000. Defendant argued for no future loss of earning capacity. The future medical expenses claimed by plaintiff were in the range of $30,000 to $175,000. Defendant Oscarsson argued that there were no future medical costs reasonably related to the accident.

Injuries

Before the accident, plaintiff had a history of two prior accidents with spine injuries in 1994 and 1998. The extent there were residual problems from these prior injuries was disputed. Sandoval-Absher had severe neck pain with radiating pain, numbness, and tingling into both arms, hands, and fingers. She had surgery at C5-6 and C6-7. Plaintiff also has lower back pain, with radiation into her lower extremities. In 2010, plaintiff contracted Bell's palsy, a condition affecting her facial muscles, and plaintiff alleged that the condition caused neck pain as well, unrelated to any spine condition. Following the accident, plaintiff Sandoval-Absher underwent a neck surgery with a fusion at C5-6 and an arthroplasty at C6-7. Sandoval-Absher also claimed the need for a future back surgery in five to 10 years as a result of the accident.

Result

The jury awarded plaintiff $8,309 in past medical expenses, and $8,000 in past non-economic damages, for a total of $16,309.

Other Information

The jury found that few of the damages claimed were related to the accident. Because of collateral issues, the jury learned that defendant had insurance as part of the evidence. Plaintiff Sandoval-Absher has filed a motion for new trial, which is pending.

Deliberation

one hour, 20 min. (the jury had the trial exhibits for less than an hour).

Poll

11-1

Length

11 days