Facts

Defendant Ira Duncan's van collided with the rear end of Plaintiff Donna Benavidez's vehicle as Benavidez was stopped on East 12 street in Marysville. Benavidez later sued Duncan for her claimed injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant caused the collision by negligently operating his vehicle. Plaintiff further contended that the collision caused injuries that required an emergency room visit and chiropractic treatments. Plaintiff further contended that the collision resulted in plaintiff's permanent impairment.

DEFENDANT'S CONTENTIONS: Defendant admitted liability but contended that plaintiff exaggerated the extent of her injuries and need for medical attention. Defendant further contended that plaintiff did not need chiropractic treatment.

Settlement Discussions

Defendant offered $10,000 by way of CCP 998 in response to plaintiff's $50,000 policy limit demand.

Injuries

Plaintiff's claimed injuries included cervical strains, radicular symptoms, facet arthropathy and unstable cervical ligaments.

Result

The jury rendered a defense verdict after finding Duncan's conduct was not a substantial factor in causing Benavidez's injuries.

Deliberation

1 hour

Poll

12-0

Length

4 days