Facts

On Sept. 16, 2002, plaintiff Joseph Zanelli was driving eastbound on Highway 50 in Sacramento when he was rear-ended by a U-Haul truck being driven by defendant Scott Drill. Drill had rented the trick to deliver equipment for his employer, defendant Marconi Communications Inc. Before Drill hit Zanelli, it was reported that there was a sudden stop in traffic, where Zanelli rear-ended the vehicle in front of him. Zanelli brought suit against Drill, Marconi, and U-Haul Corporation of California (U-Haul). U-Haul settled before trial for $10,000.

At trial, the court excluded evidence of a subsequent accident Zanelli was involved in, which occurred a few days before his first visit to his surgeon. The evidence was excluded on the basis that it was prejudicial to Zanelli, and lacked expert, biomechanical testimony to support causation of potential injuries in the second accident.

PLAINTIFF'S CONTENTIONS:
Zanelli alleged vehicle negligence and vicarious liability. He also contended that Drill should have anticipated and prevented the accident due to the stop in traffic, as well as the initial rear-ender involving Zanelli and the other vehicle.

DEFENDANTS' CONTENTIONS:
Drill and Marconi admitted liability. Defendants stated that Zanelli was entitled only to $37,500 for damages for the initial three months after the accident, contending that additional damages were unreasonable. The defense alleged that Zanelli did not suffer a serious neck injury requiring surgery, and attributed his pain to pre-accident conditions and aggravating factors.

Damages

Zanelli sought $160,000 in damages for past medical costs and $500,000 for past pain and suffering.

Injuries

Zanelli suffered a herniated disc at C4-5 and underwent a cervical discectomy about two years following the accident. He claimed he suffered intense, debilitating pain in the period between the accident and his surgery, which was followed by a good recovery.

Result

The jury awarded Zanelli general damages.

Other Information

After the verdict, some jurors were shown pictures of Zanelli's vehicle following the second accident. According to defendants, these jurors indicated that the award would have been much less had the second accident been admitted into evidence.

Deliberation

1.5 days

Poll

10-2

Length

five days