Facts

Plaintiffs Gabriel Renteria and Heather Renteria alleged they were rear-ended by defendant Maria Oro's vehicle on Oct. 15, 2017.

Plaintiff did not have complaints of pain, discomfort or problems at the scene. There was no ambulance and there were no police. Plaintiffs did not go to a hospital or urgent care. Plaintiff Heather Renteria continued to work as an electrician and plaintiff Gabriel Renteria continued to work as an elevator repairman. Their doctors never placed them off of work and their doctors never gave them work restrictions.

DEFENDANT'S CONTENTIONS: Defendant admitted liability and disputed the nature and extent of injuries and damages alleged by plaintiffs.

Settlement Discussions

On June 13, 2022, plaintiff Heather Renteria served a CCP 998 Offer in the amount of $7,500. On June 13, 2022, plaintiff Gabriel Renteria served a CCP 998 Offer in the amount of $7,500. On Sept. 12, 2022, Defendant served plaintiff Heather Renteria served a CCP 998 Offer in the amount of $4,500. On Sept. 12, 2022, Defendant served plaintiff Gabriel Renteria served a CCP 998 Offer in the amount of $3,500.

Injuries

Plaintiff Heather Renteria had a history of fibromyalgia, two shoulder surgeries, prescription medications for neck pain and prior accidents. She had a history of degenerative disc disease in the cervical spine. Plaintiff Gabriel Renteria had a neck fusion before the accident. He alleged that his neck fusion was aggravated by the accident. However, he admitted that his surgeon told him that the fusion would not last forever and that he would develop adjacent segment dysfunction and need more treatment in the future. Defendant argued this minor fender bender did not cause plaintiffs to sustain any injuries and their conditions were not made worse by the accident. Defendant also argued the injections were unreasonable and unnecessary and plaintiffs did not need future treatment. Plaintiffs had several delays in their treatment. Their physical examinations after the accident were normal. Defense also presented evidence that the plaintiffs did not exhaust conservative care before being recommended injections and before undergoing injections. Defendant also provided evidence that plaintiff Heather Renteria was regularly taking prescription medication for neck pain before the accident. Defendant also provided evidence that plaintiff Gabriel Renteria's neck fusion remained stable after the accident. Plaintiffs' pain management physician, Dr. Tong testified that the MRIs showed inflammation in the neck and low back of each plaintiff. He admitted that the plaintiffs had axial neck pain that they rated only 3-4/10. He admitted that he is not a spine surgeon. Defense expert Bryan Randles testified that the impact was minor and there were no forces to cause injuries to the plaintiffs. Defense expert Keith Liberman, M.D. testified that the plaintiffs do not need injections and plaintiff Heather Renteria does not need neck surgery. He testified that the plaintiffs have longstanding degenerative changes that were not made worse by the accident. He also testified it would be unreasonable to give the plaintiffs injections, let alone surgery for complaints of 3-4/10 axial neck pain.

Result

Defense verdict. The jury determined defendant's conduct was not a substantial factor in causing plaintiff's harm.

Deliberation

24 minutes

Poll

11-1

Length

six days