Facts

Bobby Stringer's vehicle collided with Agata Ishkanyan's vehicle while traveling less than 10 miles per hour during rush hour traffic. Ishkanyan subsequently filed suit against Stringer.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant owned, maintained, entrusted and/or operated defendant's vehicle so as to cause the vehicle to strike plaintiff's vehicle in violation of Vehicle Code 22103, and did so with sufficient force to cause injury and damages to plaintiff. Plaintiff's orthopedic surgeon testified that plaintiff developed a herniated disk in her neck, and that the herniated disc was caused by the accident.

DEFENDANT'S CONTENTIONS: Defendant accepted full responsibility for the accident and the injuries incurred, but contended that the injuries plaintiff sustained were minimal, and that the disc herniation was not caused by the accident. Defendant asserted that during the same time frame that plaintiff's expert discovered the herniated disc, which was two years after the accident happened, plaintiff was also regularly participating at a local gym in the San Diego area where all the gym focused on doing was high intensity boot camp style training. Defendant also pointed out that plaintiff had received promotions, raises and bonuses, and traveled to Dubai and Oregon, suggesting that such a life was inconsistent with plaintiff's demand for $1.3 million.

Damages

Plaintiff demanded $1.3 million.

Injuries

Plaintiff went to work, but later that day went to the emergency room for back and neck pain. She was diagnosed with sprains and was referred to her primary care physician. Because plaintiff was continuing to experience pain, plaintiff's primary care physician referred her to a chiropractor, with whom she treated for several months and was then discharged. Following a gap in treatment of 19 months, plaintiff went to see an orthopedic surgeon who took an MRI and diagnosed a herniated disc in plaintiff's neck.

Result

The jury awarded plaintiff $12,100.

Other Information

Plaintiffs intend to file a motion for a new trial on the basis of failure to provide proper jury instructions.

Length

One week