Facts

On March 11, 2012, at 2 p.m., plaintiff Rehab El-Kaddy, 30, was a customer at Chili's Restaurant in Downey. Defendant Joseph A. Garcia, who was driving a 2007 Ford Freestar was attempting to park, when he struck the wall of the restaurant. Garcia's wife was a passenger in his vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended she was sitting inside the restaurant when defendant's vehicle came crashing through the wall. Plaintiff contended that the booth she was sitting in moved and she was pinned between the booth and table. Plaintiff also alleged she began choking and had to be cut out of the booth by paramedics.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability. However, defendant argued that the mechanism of injury was not as alleged and the impact was not strong enough to break the windows. Photographs also confirmed plaintiff was not sitting directly where the impact was, as she was a few feet away.

Defendant claimed that there were many inconsistencies in plaintiff's treatment and her own testimony.

Specials in Evidence

$45,118

Damages

Plaintiff asked the jury to award $500,000 for economic damages and $4 million for general damages. Plaintiff asked the jury for $4.5 million and defendant argued that the case was only worth $8,000 to $10,000.

Injuries

Plaintiff was transported to the hospital following the accident. Plaintiff claimed post-traumatic stress disorder, insomnia, anxiety, panic attacks, agoraphobia and emotional distress. Plaintiff also claimed pains in the right shoulder, right arm, chest, rib, abdomen, upper and lower back, hip, right and left leg, nerve, and foot. Plaintiff underwent chiropractic treatment. Pain management doctors and orthopedic doctors indicated that she may need future epidurals and surgery. She claimed her injuries caused permanent nerve damage and shifted her hips that her legs were now different lengths. As a result, she had constant pain and difficulty walking and needed to use a cane to walk. She was found to have post-traumatic stress disorder. As a result, she was unable to participate in her regular daily activities and could no longer work. Plaintiff argued that she had a permanent disability and would continue to suffer for the rest of her life. Defendant claimed that plaintiff's injuries were not to extent claimed as evidenced by the normal diagnostic testing and medical examinations. Defendant argued that plaintiff's injuries were exaggerated and that assuming a sufficient mechanism of injury, she should only be entitled to the reasonable hospital charges as the rest of the treatment was not reasonable or necessary.

Result

The jury returned a verdict in favor of defendant awarding nothing to plaintiff.

Other Information

Defendant filed a cost bill of $33,169. FILING DATE: Oct. 5, 2012.

Deliberation

1.5 hours

Poll

10-2

Length

six days