Facts

Jesus Caldera sued Daniel Contreras and Manuel Contreras, in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Caldera alleged that he was stopped at a red light when he was rear-ended by a vehicle driven by Daniel Contreras. He was injured as a result of the collision, and sued Contreras and the owner of the vehicle, Manuel Contreras, for negligence and vicarious liability. Caldera alleged that Contreras failed to account for the weight of his load, and, as a result, he was unable to timely stop to avoid the collision.

DEFENDANTS' CONTENTIONS:
Contreras disputed the extent of Caldera's injuries, claiming that he only suffered from soft-tissue sprains and strains. Contreras also contended that Caldera's other complaints were pre-existing or degenerative.

Settlement Discussions

Caldera made a CCP 998 demand of $500,000, which Contreras countered with a CCP 998 offer of $55,000.

Injuries

Caldera was taken to the emergency room following the accident, complaining of pain to his knees, back, neck, and left hand. He later received a steroid injection for his back pain, and treated with physical therapy. He continued to experience pain in his lower back, neck and left shoulder. Eventually, a doctor diagnosed him with a disc bulge and protrusion, and impingement in his shoulder.

Result

The jury found in Caldera's favor and awarded him $120,000 in total damages, which included $30,000 in past medical medical cost, $3000 in past lost earnings, and $60,000 in past pain and suffering.

Other Information

INSURER: Infinity Auto Insurance

Deliberation

1.5 days

Length

three days