Facts

Rhonda Nunez was driving her sedan with a passenger, Randall Zuniga, riding in the front seat, westbound on Ashlan Avenue in Fresno. She stopped for a red light, and after the light turned green, began accelerating. Her vehicle was struck from behind by another vehicle. Nunez and Randall filed suit against the other car's driver, Paige Henry, and her father, the car's owner, James Henry.

CONTENTIONS:
Plaintiffs claimed that the driver was negligent. They introduced expert testimony that the other car was traveling 20 miles per hour faster than the plaintiff's car was at the time of the accident.

Settlement Discussions

Plaintiffs demanded $19,999, defendants offered $10,001.

Specials in Evidence

Nunez claimed $4,000 for medical treatment, and $700 for counseling. Zuniga requested $50 for a doctor visit. Nunez missed six days of work for treatment, and claimed $900 in lost wages. Nunez claimed she would need one to two more years of counseling, and requested an unspecified amount for her future treatments.

Damages

Nunez requested an unspecified amount for her pain and suffering. In total, plaintiffs requested between $75,000 to $150,000.

Injuries

Nunez sustained soft-tissue injuries to her neck and back. She also claimed to have developed a driving phobia, requiring counseling.

Result

The jury awarded plaintiffs $84,000.

Other Information

Defendants' motion for new trial based on alleged jury misconduct was denied on Jan. 25, 2007. According to plaintiff, plaintiff initially waived jury trial in this case, but defendants demanded jury trial and will have to pay all costs.