Facts

On July 23, 2007, plaintiff Voni Silver, a 47-year-old insurance salesperson, was driving a vehicle, which was stopped in traffic on the 91 Freeway in Fullerton when it was rear-ended by the vehicle driven by defendant Francisco Perez. Both vehicles sustained little visible damage. According to defense counsel, plaintiff's vehicle sustained property damage in the amount of $6,300.

The defendant admitted that he was negligent, but that plaintiff was also negligent. The defendant argued that the plaintiff may have sustained a mild strain, and that 12 visits to a chiropractor would have been sufficient. The defendant claimed the plaintiff struck the vehicle ahead of her before he impacted the rear of her vehicle.

Settlement Discussions

The plaintiff demanded $8,000. The defendant made a C.C.P. Section 998 offer of $6,500.

Damages

According to plaintiff's counsel: Plaintiff claimed $5,900 in medical expenses and lost earnings. In addition to special damages, the plaintiff's counsel asked the jury to award $7,500 in general damages. According to defense counsel: Plaintiff claimed lost wages in the amount of $4,605 and medical bills in the amount of $5,900. Plaintiff's total economic damage claim was $10,510. Plaintiff asked for $7000 to $9,000 in general damages.

Injuries

The plaintiff sustained strains of her neck and back, and jaw pain.

Result

Verdict for $9,960 ($4,960 in special damages and $5,000 in general damages) plus costs of $692.

Other Information

INSURER: Mercury Insurance.

Deliberation

two hours

Poll

12-0