Facts

On May 12, 2015, Elizabeth Delgado, an Internal Revenue Service employee, was stopped at a stop sign in the city of Whittier. While at the stop sign, her car was rear-ended by a pickup truck being driven by Brett Macdonald. After the accident, she left the scene on her own, but went to Presbyterian Intercommunity Hospital the following day. Delgado filed suit against Brett (whose last name was erroneously noted as "McDonald") and the owner of the pickup truck, Bruce Macdonald.

PLAINTIFF'S CONTENTIONS: Plaintiff, Delgado, contended that Brett was negligent in the operation of the vehicle, and as the vehicle's owner, Bruce was vicariously liable for Brett's actions.

DEFENDANTS' CONTENTIONS: Though defendant, Brett, admitted liability for the accident, defense counsel argued that the collision was not the cause of Delgado's rotator cuff tear; the property damage to Delgado's vehicle was less than $1,000 and Delgado already had a rotator cuff tear before the accident. The reconstruction and biomechanics expert noted that the force could not have caused any injury to Delgado and defense's expert orthopedic surgeon also opined that the collision did not cause Delgado's tear.

Settlement Discussions

There was a C.C.P. Section 998 offer of $25,000 and a demand of $100,000 which was the policy limit.

Injuries

Delgado claimed she tore her dominant shoulder's rotator cuff and ultimately, had to undergo arthroscopic surgery to repair the tear. Thereafter, she claimed that she had to take time off from work to deal with the pain from the surgery and presently, still has pain in her shoulder. Thus, she will need future medical care. Delgado sought recovery for her past lost earnings, future medical costs and past and future pain and suffering.

Result

The jury found Brett's negligence was a substantial factor in causing harm to Delgado, determining that Delgado's total damages were $49,835.20. The total of plaintiff's award included $5,000 in future medical cost, $19,835.20 in past lost earnings and $25,000 past pain suffering.

Length

Trial lasted for six days.