Facts

On April 4, 2006, plaintiff Robert Lee Cunningham, age 61, was driving a 1989 BMW when the defendant, who was driving a Ford Expedition, struck plaintiff from behind, pushing plaintiff's vehicle approximately six feet.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant aggravated his pre-existing degenerative spine condition.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the treatment rendered one year later at Veteran's Hospital in Long Beach is not related to the accident. Defendant's expert testified that the accident was a minor collision, which was estimated to be 4 to 5 mph, and plaintiff could not have been injured from this rear-end collision.

Settlement Discussions

The plaintiff demanded $25,000. The defendant offered $10,000.

Specials in Evidence

$19,911; $7,200.

Injuries

The plaintiff sustained cervical sprain and lumbar sprain, which was superimposed on his degenerative condition.

Result

Plaintiff's verdict for $28,911.

Other Information

INSURER: Mercury Insurance Group insured defendant. FILING DATE: Feb. 20, 2008.

Deliberation

two hours

Length

four days