Facts

On April 26, 2007, Brian Suzuki was driving north on Foothill Boulevard in Hayward with his wife, Annette, seated as a passenger, when their car was rear-ended by a vehicle driven by William West after stopping at the intersection of Russell Way.

PLAINTIFF'S CONTENTIONS:
The Suzukis filed suit against West, and the vehicle's owner, Lewis West, alleging motor vehicle negligence and vicarious liability.

DEFENDANT'S CONTENTIONS:
West admitted liability, but disputed the Suzukis' claimed injuries.

Settlement Discussions

In March 2010, defendant made CCP § 998 settlement offers to plaintiffs in the amount of $2,500 each, which offers were rejected by plaintiffs. Defendant made no further money offers. In October 2010, plaintiffs made CCP § 998 settlement demands to defendant in the amount of $2,500 for Annette and $1,500 for Brian, which demands were rejected by defendant.

Damages

Brian sought $2,400 for medical expenses, $2,000 in general damages, and $128 for disputed property damage ($822 in property damage was undisputed and paid pre-litigation). Annette sought $4,273 in medical expenses, $5,000 in general damages, and $10,000 for a year of disability.

Injuries

The Suzukis claimed injuries to their neck and back.

Result

The jury awarded Annette $175 in damages. After the verdict, the court entered final judgment pursuant to CCP § 998 in favor of defendant against plaintiffs in the amount of $3,103.

Deliberation

three hours

Length

three days