Facts

On March 11, 2008, plaintiff Stefania Vitali, a 34-year-old secretary/clerical assistant, was driving eastbound on Third Street near Doheny Drive in Beverly Hills. Defendant Halina Fardin was turning right onto Doheny exiting an alley. The two vehicles collided, and Vitali sued Fardin alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant violated the plaintiff's right of way and caused the accident.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was partly at fault for not paying proper attention and not stopping in time to prevent the accident.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $25,000. The defendant made a C.C.P. Section 998 offer of $10,000. According to defense counsel: Plaintiff's pre-trial demand was for $75,000; defendant's pre-trial offer was for $25,000.

Specials in Evidence

$12,000 (as per plaintiff's counsel); $33,000 (as per defense counsel); $20,000

Injuries

The plaintiff claimed injury the C6 nerve in her neck causing numbness, tingling and pain in her hand and arm, and the need for epidural injections. The defense claimed that plaintiff only needed physical therapy and only suffered soft tissue injury.

Result

The jury awarded plaintiff $51,000 less 10 percent comparative negligence, for a net award of $45,900, plus interest.

Other Information

The defense filed a motion to tax plaintiff's expert witness and some deposition costs. The hearing on the motion to tax is on Oct. 26, 2009. Plaintiff filed a cost bill of $25,000 pursuant to Section 998. FILING DATE: July 15, 2008.

Deliberation

3.5 hours

Poll

9-3

Length

five days