Facts

On March 19, 2004 at 4:45 a.m., defendant Ashley Smith was driving home in a 2003 Honda Civic owned by her father in the number two lane on I-110 southbound before the Slauson exit. The defendant rear-ended a 1987 Nissan Sentra driven by plaintiff Rudolph Juarez, a deputy sheriff on his way to work. The plaintiff and the defendant were the only witnesses to the accident.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he was established in the number two lane when the defendant negligently rear-ended him. The contact between the vehicles caused the plaintiff to lose control to the right and spin out twice with no secondary collision. The accident caused the plaintiff lower back and neck strains that caused him daily pain and interfered with his usual activities. The plaintiff testified that he did not want to and could not afford to miss time from work and that the chiropractic care he received enabled him to avoid any time off from work.

The plaintiff had no retained experts. The plaintiff's chiropractor, Dennis Buckley, testified that 110 treatments for 11 months with charges of $13,802 were reasonable and medically necessary for the plaintiff's soft tissue neck and lower back strains because the treatment enabled the plaintiff to avoid taking any time off of work.

DEFENDANT'S CONTENTIONS:
The defendant contended that she was established in the number two lane when the plaintiff negligently drifted in front of her from the number three lane. The defendant contended that the contact between the vehicles was nothing more than a tap and that the plaintiff never lost control or spun out. The defendant further contended that the plaintiff could not have been injured, and, if he in fact suffered any injuries, he exaggerated them.

Defense accident reconstruction expert Alan Keith Miller testified that the speed differential between the vehicles was less than 5 mph and that the accident was less severe than going over a speed bump. He testified that there was no way that the plaintiff spun out, but if the plaintiff did spin, the forces upon his body would have been minimal.

Defense chiropractic expert John Vostmyer testified that the plaintiff was exaggerating his injuries, if any, and that if the plaintiff were injured, his injuries would have resolved in six to eight weeks for charges of approximately $1,500 to $2,000.

Settlement Discussions

The defendant's initial offer was $25. Ten days prior to trial, the defendant made a C.C.P. 998 offer of $5,002. The plaintiff's only demand was $35,000.

Specials in Evidence

$14,765 (Includes medical specials from U.S. Healthworks not in evidence in the amount of $963.12).

Damages

The only damage to the plaintiff's rear and the defendant's front bumpers were inch long scratches.

Injuries

Neck and lower back strain.

Result

$10,000 ($7,600 Economic; $2,400 Non-Economic).

Other Information

The claims against the defendant vehicle-owner, Michael Smith, for permissive use and negligent entrustment were dismissed for a mutual waiver of costs upon the insurer's agreement on the record to maintain coverage for the driver defendant, the owner's 23-year-old daughter Ashley Smith.

Deliberation

three hours

Poll

12-0 (defendant's negligence), 11-1 (causation regarding defendant's negligence), 12-0 (damages), 9-3 (plaintiff's negligence), 1-11 (causation)

Length

four days