Facts

Christina Hoffman was driving when she was involved in a traffic collision with a rental car operated by Luz Flores. Flores was making a left turn across Highland when the driver's side of Hoffman's vehicle made contact with the front of her rental car. Hoffman sued Flores and the owner of the rental car, Elco Administrative Services Co. Elco was dismissed before trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that Flores had been negligent in the operation of her vehicle and Elco was vicariously liable for her actions. Hoffman stated she had the right of way and Flores had been negligent for making a left turn and failing to yield to oncoming traffic.

DEFENDANT'S CONTENTIONS:
Defendant argued that she did not have full visibility at the intersection while waiting to make her turn. As a result, she inched out into lane #3 but was struck by Hoffman's vehicle. Defendant also pointed out that Hoffman had made multiple contradictory accounts of the events surrounding the accident.

Damages

Hoffman requested $842,000 in total damages, including $220,000 for past medical costs.

Injuries

Hoffman was diagnosed with a lumbar disc herniation and then underwent electrodiagnostic studies that turned out negative. She followed up with physical therapy and acupuncture, but nine months after the accident she claimed that a weakening of her neck caused her a cervical herniation. This required two surgeries to place artificial discs in both the cervical and lumbar spine. Defendant's medical experts testified that neither spine surgery was necessary.

Result

The jury rendered a defense verdict.

Other Information

Defendant has filed a $91,000 cost bill following a CCP 998 offer to settle of $15,000. Due to violations of pre-trial orders, plaintiff's expert, Dr. Lauryssen, was limited to his own file for his opinions. Plaintiff is moving for a new trial and will appeal the result.

Deliberation

40 minutes

Poll

10-2

Length

14 days