Facts

Traveling at 40 mph on Monterey Street in Alhambra, defendant Jiang accidentally drove her car into the rear of an unoccupied parked van. Photographs of the defendant's 1996 Acura TL sedan showed heavy front end damage, including airbag deployment, and was an economic total loss. Plaintiff Bimanand, a 56-year-old research scientist, was the defendant's front-seat passenger.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that although he admittedly had a 20-year history of neck pain, his symptoms were made worse by the accident and never returned to pre-injury levels. The plaintiff also claimed his continuing lower back pain was worsening and due entirely to the collision.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff experienced a temporary worsening of his cervical complaints which had returned to pre-injury levels. The lower back complaints were not reported for several months and were therefore unrelated. The defendant further claimed that the plaintiff's acupuncture treatment was excessive and over priced.

Settlement Discussions

The plaintiff demanded $25,000. The defendant offered $5,000.

Specials in Evidence

$25,034

Injuries

Facial abrasions, cervical, thoracic, and lumbar sprain/strain. The plaintiff treated 144 times over the course of a year with an acupuncturist at a cost of $23,165. He also consulted with three orthopedists, had one set of MRIs, six nerve block injections, 12 chiropractic treatments, and 10 physical therapy treatments.

Result

Economic: $4,692. Non-Economic: $1,050.

Other Information

This was a trial de novo by the defendant following an arbitration in which the plaintiff was awarded $44,299.

Deliberation

two hours

Length

two days