Facts

On March 10, 2004, Silvia Ramirez Jacquez was driving her pickup truck westbound on Blossom Hill Road in San Jose when she was struck from behind by an SUV driven by Martha Graciela Beltran. The collision forced Jacquez' vehicle to crash into the car in front of her. Jacquez sued Beltran for motor vehicle negligence, claiming property damage to her vehicle and personal injuries.

The case proceeded regarding the issue of Jacquez' injuries.

The defendant argued Jacquez' soft tissue injuries were due to degenerative changes in her neck and back and not sustained as a result of the accident.

Plaintiff Jacquez relied on an MRI performed by a neurologist to support her claim.

Settlement Discussions

Plaintiff Jacquez demanded $15,000. Defendant sent a C.C.P. Section Code 998 offer of $7,500.

Damages

The plaintiff sought $10,611 in reimbursement for medical and chiropractic bills she had to pay, plus unspecified damages for past pain and suffering.

Injuries

Jacquez received chiropractic treatment for six months after the accident for soft tissue pain to her back, neck, arm, and hand. She also suffered from headaches which she attributed to the accident. Jacquez claimed that these soft tissue injuries and headaches reduced her ability to perform housework and caused her pain when playing with her children.

Result

The jury found Beltran liable for Jacquez' damages and awarded Jacquez a total of $11,611 ($10,611 in past medical costs, $1,000 in past pain and suffering).

Deliberation

five hours

Poll

12-0

Length

three days