Facts

On Oct. 23, 2003, plaintiff Maria Aguirre was driving on Reche Road in Fallbrook. As Aguirre slowed to make a left hand turn, she was struck from behind by a vehicle driven by defendant Hugo Madrigal. After that collision occurred, a vehicle driven by Peggy Diane Smith rear-ended the vehicle driven by the defendant, causing a second collision to occur with the plaintiff and the defendant vehicles.

Smith settled before trial. Defendant Madrigal admitted liability for the first impact, but denied liability for the second impact. Defendant Madrigal also contested the reasonableness and necessity of the plaintiffÆs medical damages.

Settlement Discussions

Defendant Smith settled for $3,250 prior to trial. In December 2004, defendant Madrigal served the plaintiff with a Statutory Offer to Compromise in the amount of $7,000.

Specials in Evidence

$5,833

Damages

Immediately following the accident, the plaintiff went to Fallbrook Hospital by ambulance. Within the next 11 days, the plaintiff consulted with an attorney, who sent her to a neurologist, Dr. Allen, for a neurological consult. As a result of this neurological consult on November 4, 2003, Dr. Allen prescribed physical therapy for 4 weeks. The plaintiff went to physical therapist, but did not like the services provided. Accordingly, she went to Eric Breitenmoser, D.C. with whom she treated for 9 weeks. Upon completion of her chiropractic care, the plaintiffÆs health complaints were fully resolved.

Injuries

Immediately following the accident, the plaintiff went to Fallbrook Hospital by ambulance. Within the next 11 days, the plaintiff consulted with an attorney, who sent her to a neurologist, Dr. Allen, for a neurological consult. As a result of this neurological consult on Nov. 4, 2003, Dr. Allen prescribed physical therapy for four weeks. The plaintiff went to physical therapist, but did not like the services provided. Accordingly, she went to Eric Breitenmoser, D.C. with whom she treated for nine weeks. Upon completion of her chiropractic care, the plaintiffÆs health complaints were fully resolved.

Result

Plaintiff verdict but judgment in favor of defendant. Total verdict: $2,064. The jury awarded damages in the amounts of $1,264 for past medical expenses and $800 for pain and suffering. As for liability, the jury found the defendant liable for all damages to the plaintiff since Smith was negligent, but not a substantial factor in the damages to the plaintiff. Since the defendant served the plaintiff with a Statutory Offer to Compromise before trial in the amount of $7,000, the Court awarded the defendant $5,069 in costs. Thus, the plaintiff received a verdict of $2,064 and the defendant received a judgment in the amount of $3,005.

Other Information

PLEASE PROVIDE THE NAME OF THE JUDGE

Length

three days