Facts

In June 2004, plaintiffs Marcario and Lucila Aguilar were traveling northbound on State Route 99 through Modesto. They were in the Number One lane of the three lane highway. Defendant Villafan entered the highway and moved to the middle lane adjacent to plaintiffs. Defendant Singh was either directly in front of Villafan or in the right lane when defendant Villafan turned into plaintiff's vehicle forcing it into the center divider.

Defendant Villafan claimed defendant Singh forced him into plaintiffs. Plaintiffs and defendant Singh disputed this. As a result of being forced into the divider, plaintiffs lost control of their vehcile which spun back into the roadway finally impacting a bridge abutment.

Plaintiff filed suit against defendant Villafan, who cross complained against Defendant Singh. Plaintiffs then named defendant Singh in their complaint. Defendant Singh claimed that defendant Villafan was trying to pass him and turned into plaintiffs in the process.

Specials in Evidence

Plaintiff Marcario sought $6,334 in Chiropractic bills and $3,426 for cervical and lumbar MRI's taken 18 months after the collision. Lucila sought $1,741 in Chiropractic bills. Plaintiff Marcario, a self-employed truck driver sought $4,950 for three missed hauls. Plaintiff Marcario claimed $10,000 for future epidurals and medications. Plaintiff Lucila fully recovered and made no claim for future meds.

Damages

Plaintiff Marcario claimed damages of $25,000. Plaintiff Lucila claimed damages of $10,000.

Injuries

Plaintiff Marcario did not obtain medical treatment for nine weeks. However, he eventually sought chiropractic treatment for 18 months. Plaintiff Lucila received six months of chiropractic treatment.

Result

Prior to trial, plaintiffs reached an $11,000 settlement with defendant Singh. The jury found for plaintiffs against defendant Villafan, awarding them $30,098.59 inclusive of recoverable costs. ($18,026.00 awarded to Marcario, $6,582.00 to Lucila and costs per C.C.P. Section 1141.21 (party rejecting an arbitration award failing to secure a more favorable verdict) of $5,490.59).

Deliberation

four hours

Length

three days