Johnson v. Poupulo
Published: Mar. 25, 2000 | Result Date: Dec. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: SC053106 Verdict – $68,000
Facts
On July 22, 1997, plaintiff, a 47-year-old consultant, was rear-ended by defendant, who was traveling at approximately 20 mph.
According to the defendant, the plaintiff saw her family doctor on the day of the accident, then waited three weeks to see a chiropractor. The plaintiff treated for approximately three months. On discharge, she had full range of motion in the neck and back with no complaints of pain or discharge.
Also according to the defendant, the plaintiff saw her family doctor four months after discharge from chiropractor (eight months after the accident) complaining of neck pain, which she stated started only three weeks before this visit. This complaint of new neck pain was seven and a half months after the accident.
Settlement Discussions
Plaintiff reduced her initial demand of $15,000 reduced to $12,500 before trial. Defendant made a C.C.P. Section 998 offer of $10,000. Case was submitted to non-binding arbitration, resulting in an award of $28,000 to plaintiff.
Specials in Evidence
$8,400
Injuries
The plaintiff suffered bulging disks at C3-4, C4-5, C5-6 and C6-7, soft tissue injury to the lower back.
Other Information
<p>Defendant filed a motion for a new trial and a motion for judgment notwithstanding the verdict. All motions were denied. The defendant requested a trial de novo.</p> According to the defendant, the case settled for $48,000 in lieu of defendants not filing appeals. The plaintiffÆs counsel reports that the jury found plaintiffÆs testimony concerning her injuries to be credible. The jury included three attorneys, one first-year law student and a psychiatrist.
Deliberation
two hours
Poll
9-3 (damages)
Length
four days
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