Facts

James Hutchinson was allegedly driving his granddaughter, 12-year-old Brianna Aguila home from school, in his pick-up truck when he was involved in a collision with Espiridon Alfaro. Alfaro was in the course of his employment at the time of the accident and was in the process of making a U-turn in his pick up truck at an intersection. Bianna's guardian ad litem, Jeanine Hutchinson, sued Alfaro and his employer, the Housing Authority of Tulare County, for negligence and vicarious liability.

The defense contended that the plaintiff was not a passenger in Hutchinson's vehicle at the time of the accident. The plaintiff's name was not included on the police report and she and her grandfather gave inconsistent accounts of the accident. The plaintiff's mother also gave inconsistent accounts concerning where she first saw the plaintiff after the accident. The defense also challenged the credibility of the mother's trial testimony and the plaintiff's injuries, claiming she did not actually suffer any injuries.

Settlement Discussions

The plaintiff demanded $9,500 and the defense offered $7,500, with an indication of $9,000.

Specials in Evidence

$6,115

Damages

The plaintiff sought damages for pain and suffering.

Injuries

The plaintiff was diagnosed with generalized neck and back pain and given physical therapy for two months. Dr. Craig diagnosed hyperlordosis, which the defense claimed was either attributable to injuries the plaintiff suffered while playing sports or developmental.

Result

The jury returned a defense verdict.

Deliberation

55 minutes

Poll

12-0

Length

four days