Facts

Oriana Charles was sitting in the passenger seat of a minivan operated by Derrick Mapp when they were rear-ended by a transit bus operated by Roy Fesler. The two were injured as a result of the accident and sued Fesler and the bus's owner, Alameda-Contra Costa Transit District, for negligence and vicarious liability.

Mapp settled his claims against Defendants, and the matter proceeded only as to Charles' claims against Defendants. Defendants did not dispute liability at trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the bus caused a chain-reaction collision involving four vehicles, which was corroborated by the police report. Plaintiff also contended that the police report stated that bus driver-defendant claimed that his foot slipped off the brake pedal at the time of the accident.

Damages

Charles sought $33,057.81 for past medical specials; $1,500 for future medical costs; and an unspecified amount of damages for her past and future pain and suffering.

Injuries

Charles presented at the emergency room following the accident and was diagnosed with soft-tissue strains and sprains to her neck and lower back. She did not treat for two months until she underwent an MRI of her lower back, which revealed bulging lumbar discs. This was followed up by a few months of physical therapy, as well as epidural and facet block injections. She continued to experience residual lower back pain, requiring future physical therapy. Defendants disputed the extent of her claimed injuries.

Result

The jury found defendants negligent and awarded Charles $52,326 in total damages, which included $28,826 in past medical costs, $1,500 in future medical costs, $12,000 in past pain and suffering, and $10,000 in future pain and suffering.

Poll

11-1 (liability), 9-2 (past damages), 11-1 (future damages)

Length

three days