Facts

Chika Lim was involved in a multiple vehicle collision on westbound Interstate 10 as she yielded to another collision ahead. Chika's vehicle was rear-ended by two cars, a pick-up operated by Gregory Smith and a sedan operated by Chin Wang. The impact ruptured Gregory's gas tank and caused a fire that led to Smith's death.

Lim sued Smith's estate, ChinWang, and the co-owner of Chin's vehicle, Kevin Long for her injuries, but only Wang remained following settlements and dismissals.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants negligently operated their vehicles and caused the collision. Plaintiff further contended defendants rear-ended her after she had been stopped for approximately 35 seconds. Plaintiff contended that the gas tank was ruptured when the defendants rear-ended each other before rear-ending plaintiff.

DEFENDANT'S CONTENTIONS: Defendant contended that she did not cause the impact. Defendant further contended the impact was caused by her car being rear-ended by another. Defendant contended that plaintiff was partly at fault for the collision because her tail lights were not on. Defendant also contended that plaintiff could not recover for the claimed injuries since they were minor and resolved within six weeks of the collision.

Specials in Evidence

Plaintiff sought to recover $31,250 in medical costs.

Injuries

Lim suffered from soft tissue injuries to her back and neck. Lim was also diagnosed with acute post-traumatic stress disorder and now suffers from driving anxiety.

Result

The jury found plaintiff's damages totaled $96,250. The jury determined that Wang and Smith were both negligent and were each 50 at fault. Smith's estate had previously settled with plaintiff.

Other Information

Plaintiff' sought $71,592 in costs, which defense taxed by $5,764.