Facts

On December 4, 2019, Ms. Irina Ushakova, a 30-year-old professional dancer, 6-foot-tall woman, was the driver of her 2005 Acura RSX small two door sedan travelling on Central Expressway in Sunnyvale. She was slowing down due to stopped traffic in front. Defendant driver, Ms. Zhou crashed into the rear of Ms. Ushakova's sedan. The impact was so strong that Plaintiff's vehicle was pushed into the car stopped in front.

At the time of the crash, Plaintiff was on her way to a youth theater performance she was choreographing. She was picked up from the scene by a friend and driven to her intended destination.

Two days later plaintiff was seen at a local Urgent Care Clinic. Her initial complaints included headaches, neck and back pain. She then received several sessions of chiropractic treatment and several rounds of physical therapy. She was also followed by a neurologist and a pain management specialist. She had a Cervical and Lumbar MRIs. March 2020 Lumbar MRI revealed L4-L5 broad-based disc protrusion measuring 4 mm effacing the anterior thecal sac.

In June 2021 Plaintiff underwent a Right L5-S1 Intra-articular Facet Joint Injection performed by Harpreet Singh, M.D. On August 30, 2023, Ms. Ushakova received a repeat lumbar facet injection by Dr. Singh.

At trial, Plaintiff waived past medical specials and did not claim past or future income loss.

Defendant admitted liability but disputed the nature and extent of injuries and damages.

PLAINTIFF'S CONTENTIONS: Plaintiff assigned fault to the defendant driver, contending that she failed to slow down in traffic because she was distracted by her cell phone and car heater.

DEFENDANTS' CONTENTIONS: The driver admitted liability but disputed the nature and extent of injuries and damages.

Defendants argued that plaintiff's neck and back injuries were essentially sprains that should have resolved within 6 months, at the most. Defendants essentially disputed that plaintiff suffered a brain injury. Defendants pointed to numerous social media posts from plaintiff of her travelling and dancing, arguing that plaintiff had fully recovered from any injuries.

Insurer

CSAA

Settlement Discussions

Plaintiffs made an offer pursuant to CCP 998 for $100,000. Defendants made a CCP 998 for $50,001.

Specials in Evidence

Meds: $60,000 Future Meds: $1,350,000

Damages

At trial, Plaintiff waived past medical specials and did not claim past or future income loss.

Injuries

Two days after the accident, Plaintiff visited an urgent care clinic, complaining of headaches and neck and back pain. She then received several sessions of chiropractic treatment and several rounds of physical therapy. Plaintiff also saw a neurologist and a pain management specialist. Her cervical and lumbar MRIs revealed a disc protrusion for which she received joint injections.

Result

The jury rendered a verdict for Plaintiff in the amount of $220,000 ($100,000 in economic damages; $75,000 in past non-economic damages; and $45,000 in future non-economic damages). With interest and CCP 998 costs, Defendants paid over $375,000.

Deliberation

Two days.

Poll

12-0.

Length

Seven weeks.