Facts

Elvia Cruz was backing out of her driveway when she hit plaintiff Marcela Balderas. Balderas was driving with her mother, Hermelinda, also a plaintiff, who sat in the front seat.

PLAINTIFFS' CONTENTIONS: Both plaintiffs contended that the collision caused injuries to their neck and shoulder. Their orthopedic surgeon noted that both plaintiffs suffered whiplash injuries.

DEFENDANT'S CONTENTIONS: Defendant's contended that plaintiffs' delay in seeking medical care for five weeks showed that they were either exaggerating their injuries or that the alleged injuries were pre-existing, caused by something else, or were minor since they waited more than a month to get three months of chiropractic care and that given those circumstances, three weeks of chiropractic care was unnecessary. Moreover, given that the MRI showed no injury, it was unnecessary and that Hermelinda should not have seen an orthopedic surgeon given that she was uninjured.

Specials in Evidence

Past medical costs requested totaled $9,493 for Marcela and $3,664 for Hermelinda.

Damages

Marcela sought $10,000 in pain and suffering and Hermelinda, $5,000.

Injuries

Marcela went through three months of chiropractic care.

Result

The jury decided that defendant's negligence was a substantial factor in causing harm to the plaintiffs. Damages to plaintiffs totaled $12,250: $8500 for Marcela and $3750 for Hermelinda.