Facts

Plaintiff Sonja Luckett, a 37-year-old X-ray technician, was driving her car on a San Francisco road when she was side-swiped by John Agelopoulos as he was changing lanes in his sports utility vehicle. The collision resulted in significant damage to the plaintiff's car. Luckett treated with her personal physician for soft-tissue injuries to her back and neck. She also has been in treatment with a pain management physician since the accident. She underwent several sessions of physical therapy (but contended that they were too painful to continue) and 15 pain management sessions, received two injections in her back for pain relief, and took pain medication. Luckett sued Agelopoulos alleging vehicular negligence. Agelopoulos stipulated to liability, contesting damages.

PLAINTIFF'S CONTENTIONS:
Luckett contended that she was permanently disabled and unable to work as a result of the injury. The MRI results were positive for broad based disc bulge at C3-4 and annular fissure at C5-6. She claimed she could only walk with the use of a cane and could not sit, stand or walk for extended periods. Her physicians testified that she was permanently disabled as a reuslt of the accident. Luckett further contended she was forced to retire.

DEFENDANT'S CONTENTIONS:
Agelopoulos contended that Luckett's claimed injuries were not caused by the collision. Alternatively, Agelopoulos challenged the severity of the claimed injuries. Agelopoulos presented expert testimony that the impact was too minor to cause anything other than a soft-tissue transitory injury. Agelopoulos further argued that Luckett had been in a bicycle accident only a few days prior and had complained of injuries from that collision. The plaintiff contended that she only received a knee injury from the bicycle accident from which she had recovered and was on her way to return to work when the automobile accident occurred.

Settlement Discussions

Luckett offered to settle for $1,000,000. Agelopoulos offered $35,000.

Specials in Evidence

$23,000 $215,000 $1.8 million

Damages

In addition to medical specials and past and future lost wages, Luckett also sought damages in an unspecified amount for past and future pain and suffering.

Result

The jury returned a verdict for the defense.

Other Information

Luckett has appealed the ruling. Among other things, Luckett contends that one of the jurors' husband was well-acquainted with the defense counsel and that this relationship may have affected the verdict. Neither defense counsel nor the juror disclsoed this relationship during voir dire. According to defense counsel, this argument was raised post-trial and rejected by the judge. The juror's husband was an attorney that the defense attorney had opposed a few times over the last 30 years.

Deliberation

nine minutes

Poll

12-0

Length

four days