Facts

On December 2, 2015, Maria Cayax was stopped at a red light on Crescent Heights Boulevard in Los Angeles. As she waited, her car was rear-ended by a vehicle being driven by Rebecca Tudor-Foley. Due to the impact, Cayax's car was pushed into the vehicle in front of her. Cayax then sued Tudor-Foley.

PLAINTIFF'S CONTENTIONS: Plaintiff, Cayax, alleged that Tudor-Foley was negligent in the operation of her vehicle. She claimed injuries to her neck and back.

DEFENDANT'S CONTENTIONS: Defendant, Tudor-Foley, conceded liability.

Settlement Discussions

Plaintiff's counsel made a Section 998 demand of $30,000, whereas defense offered $13,000.

Specials in Evidence

Cayax sought recovery of $29, 597 in past medical costs. She also sought recovery of non-economic damages for her past and future pain and suffering. Defense counsel argued, on the other hand, that Cayax's medical charges were unreasonably high and pointed out that plaintiff's own expert orthospedic surgeon testified that the MRIs were a bit pricey. Though Cayax took time off from work to attend not only her medical appointments but also medical treatments, she did not claim any loss of earnings and she still continues to work. Cayax sought an unspecified amount of future medical costs. She claimed that she still has slight residual pain in her neck and has difficulty moving around and turning her head when driving or sleeping. Her treating orthopedic surgery expert noted that Cayax should follow up with an orthopedic consult if a flare-up occurs.

Injuries

Though Cayax went to work after the accident, the following day she went to the chiropractor who diagnosed her with soft tissue injuries to her neck and back. Cayax had to undergo MRIs of her neck and back which were determined normal, but went to physical therapy and chiropractic treatment for her back and neck pain. While her back pain receded, her neck pain continued. Attempting to solve it, Cayax received three trigger point injections to her neck. However, as she was still experiencing neck pain, she saw an expert in orthopedic surgery. The surgeon sent Cayax for six additional physical therapy treatments and later performed a fourth trigger point injection to her neck in March 2019. Conversely, defense counsel disputed the nature and extent of Cayax's injuries, contending that as the collision was of a minor impact, Cayax's alleged pain should have been resolved with just physical therapy. Also, defense's expert orthopedic surgeon stated that the trigger point injections Cayax received for her alleged soft tissue injuries were unnecessary given that Cayax's MRIs showed no visible injuries.

Result

The jury found determined that Cayax's damages totaled $79,098, after finding that Tudor-Foley's negligence was a cause of the injury and/or damage to Cayax. The total damages included $22,098 for medical costs and $57,000 in non-economic damages.

Deliberation

One day

Poll

11 to 1

Length

Five days