Facts

Martha Nava sued Nancy Canela, Maria Garcia, and Oscar Garcia, in connection with a motor vehicle accident that occurred on Dec. 14, 2010.

PLAINTIFF'S CONTENTIONS:
Nava claimed that she was sitting in the front seat of the vehicle operated by her sister, Maria Garcia, when the accident occurred. She claimed that their vehicle was broadsided by another vehicle as they were crossing W. 16th Street's intersection with N. Massachusetts Ave. in San Bernardino. She suffered injuries as a result, and sued the other driver, Canela, as well as her sister and Oscar, the owner of her sister's vehicle. Nava accused both drivers of negligence.

DEFENDANTS' CONTENTIONS:
Both drivers claimed that they each had the right of way as they approached the four-way-stop sign. Canela contended that the accident did not cause Nava's alleged forearm fracture, and claimed it was an old injury. She also contended that Nava's alleged neck and back pains were pre-existing. As a result, Canela claimed that Nava's requested damages for past and future medical costs were unrelated to the accident.

Settlement Discussions

Nava made a CCP 998 demand to Garcia for $15,000 and $30,000 to Canela. Garcia countered with a CCP 998 offer for $2,500. Canela did not make an offer to settle.

Damages

Nava sought to recover $11,000 for past medical costs, $115,000 for future medical costs, $25,000 for past pain and suffering, and $25,000 for future pain and suffering.

Injuries

Nava sustained a fracture in her right forearm. She also suffered soft-tissue strains and sprains on her neck and lower back, which she treated with chiropractic care and physical therapy. However, Nava claimed that she continued to suffer lower back pain. She also claimed she would need pain injections and physical therapy for the duration of her life.

Result

The jury found Canela 60 percent at fault, and Garcia 40 percent. It then awarded Nava $11,475 in total damages, which included $5,475 in past medical costs and $6,000 in past pain and suffering.

Other Information

FILING DATE: Dec. 6, 2012.

Length

six days