Facts

In April 2003, plaintiff Anjali Ramachandra was driving down Interstate 580. Defendant Charles Hughes was driving in the same direction. Defendant rear-ended plaintiff. Plaintiff sued, alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff decreased her speed as she approached traffic. Defendant rear-ended her because he was being inattentive on the road.

DEFENDANT'S CONTENTIONS:
Plaintiff cut in front of defendant and then abruptly hit her brakes.

Settlement Discussions

There was a $50,000 demand and $7,000 offer under Code of Civil Procedure Section 998.

Specials in Evidence

Plaintiff sought $17,000. Defendant argued that plaintiff's injuries were exaggerated. Plaintiff sought $100,000. Defendant challenged the need for future surgery.

Damages

Plaintiff's total demand, which included damages for pain and suffering, was $165,000.

Injuries

Plaintiff suffered from soft-tissue injuries to her neck and upper back. As a result, she needed chiropractic treatment. Plaintiff claimed that she would require a two-level disc fusion in the future.

Result

The jury found defendant to be 65 percent liable and plaintiff to be 35 percent liable. It awarded $12,500. Of this total, $7,500 was for plaintiff's past medical treatment and $5,000 covered plaintiff's pain and suffering. Following liability apportionment, the total actual verdict was $8,125.

Deliberation

six hours

Length

eight days