Facts

On June 20, 2018 Nereida Briseno was involved in an auto collision with Britt Lippincott. Briseno was driving north on North El Dorado Street in Stockton. Lippincott, who was driving south on the same street, was attempting a left turn onto eastbound East Churchill Street. After the collision, Briseno was taken to Kaiser's emergency room. Briseno sued Ean Holdings LLC, the alleged owner of the vehicle, and Lippincott the driver of the vehicle.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's negligence caused her injuries. Though she eventually stopped chiropractic treatment, she suffered headaches, post-traumatic stress, numbness, and tingling thereafter. Eventually she again sought chiropractic care in 2021 thirteen more times, eventually stopping in August 2021. Still, with the additional care, she continued to have neck problems daily, especially when bending over. She also had trouble sleeping due to the continued pain. Her symptoms would flare up from anywhere between a few seconds to several hours.

DEFENDANTS' CONTENTIONS: While defendant Ean Holdings was later dismissed, defendant Lippincott admitted liability. Due to the minimal amount of treatment plaintiff received, the gap in her treatment and because she only seemed to need treatment when litigation was occurring, her injury was questionable. Specifically, plaintiff went for medical care when there would be a need for discovery responses and made appointments for her neck prior to testifying at trial. However, as plaintiff's counsel failed to comply with expert disclosures, defense counsel made motions to preclude doctors' testimonies regarding plaintiff's alleged condition. The court granted this motion and consequently, plaintiff could only seek recovery of her non-economic damages for her past and future pain and suffering. Consequently, defense counsel argued that plaintiff failed to meet the burden to establish her injury, and even if so, should only be awarded a small amount of general damages.

Settlement Discussions

A C.C.P. Section 998 offer of $25,000 was made.

Injuries

While Briseno's films on the day of the collision were normal, she was nevertheless diagnosed with a cervical strain, and contusions to her chest, back and finger. After she was discharged, she began chiropractic treatment nine days thereafter and saw a chiropractor 24 times over the course of three months.

Result

The jury found the defendant Lippincott's negligence was a substantial factor in causing plaintiff harm, and awarded her $14,000: $5,000 for future pain and $9,000 for past pain.

Other Information

Defendant was entitled to attorney costs for beating his C.C.P. Section 998 offer. After reduction for costs, judgment totaled $10,281.31.