Facts

On Nov. 30, 2006, at or around 5 p.m., plaintiff Randie Stark, a 40-year-old medical administrator, was driving her 2002 Chevrolet Camaro south on Robertson Boulevard, in Los Angeles, when it was rear-ended by a 2002 Infinity I35 being driven by defendant, Dragomir Ikonomov, a 60-year-old Italian film producer.

CONTENTIONS:
Plaintiff claimed she was stopped for a vehicle making a left turn at an intersection. However, defendant claimed plaintiff suddenly stopped in the middle of the block to make a left turn across double yellow lines without a turn signal. Defendant also argued the accident was minor and could not have caused any injuries.

Settlement Discussions

C.C.P. Section 998 demand of $9,000. C.C.P. Section 998 offer of $1,000.

Damages

Plaintiff's vehicle sustained relatively minor damage to the rear bumper, the repair estimate for which came to $1,526.44. Defendant's insurance carrier paid for plaintiff's property damage prior to trial. Plaintiff, who worked full time as an administrator of a medical clinic, did not miss any time from work. Accordingly, she did not make claims for loss of earnings or loss of earning capacity.

Injuries

Plaintiff allegedly sustained soft-tissue injuries to her neck, her back, her right shoulder, and right thigh. She was examined by her family doctor on the day after the accident. She was next examined by an orthopedic surgeon two weeks later, who referred her to Lauren M. Papa, D.C., where she received chiropractic therapy for six weeks. Her total medical expenses came to $4,009. She claimed she continues to experience occassional shoulder and back pain. Dr. Papa testified plaintiff's injuries were caused by the accident and that the medical services were reasonable and necessary. Defendant's biomechanical engineering expert, Thomas Fugger, testified the forces involved in the accident would not be expected to cause any injuries. Defendant's medical expert, Milton E. Legome, M.D., an arthopedic surgeon, testified most of the medical treatment rendered to plaintiff was neither reasonable nor necessary and the charges were excessive.

Result

The jury returned a defense verdict. While the jury found the defendant was negligent, the jury found the defendant's negligence did not cause plaintiff's alleged injuries.

Deliberation

1.5 hours.

Poll

9-3 on negligence; 9-3 on causation.

Length

three days