Facts

Marlo Kindermann sued Paul O'Sullivan in connection with a crosswalk incident that allegedly occurred on March 22, 2013.

PLAINTIFF'S CONTENTIONS:
Plaintiff had just entered the crosswalk when defendant struck plaintiff in her left leg. O'Sullivan allegedly struck Kindermann in her left leg, causing Kindermann to fall and land on her left side. Plaintiff sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's claimed injuries, contending they were caused by prior incidents that were more severe compared to this minor incident. Defendant also disputed plaintiff's claimed damages.

Settlement Discussions

Kindermann made a CCP 998 demand of $50,000, which O'Sullivan countered with a CCP 998 offer of $15,000.

Damages

Kindermann sought $600,000 in damages.

Injuries

Kindermann claimed injuries to her neck, back, leg, and other parts of her body. In addition, it also aggravated her pre-existing injuries, causing her to suffer from chronic pain disorder.

Result

The jury found O'Sullivan liable for Kindermann's injuries and awarded her $4,200, which included $600 in past lost earnings and $3,600 in past non-economic damages.

Other Information

According to plaintiff, defendant submitted an $85,000 cost bill based on a CCP 998 offer filed on the eve of trial. Plaintiff moved for an order striking the 998 offer, which the court granted, thereby denying all of defendant's request for costs.