Facts

Plaintiff Yuvielka Gheith was rear-ended by defendant Laura Thomason while stopped at an intersection. Plaintiff claimed negligence against defendant.

PLAINTIFF'S CONTENTIONS:
According to Plaintiff, Defendant testified that she struck the Plaintiff's vehicle at 3 mph, and the evidence showed no damage to Defendant's vehicle and $200 in damage to Plaintiff's vehicle.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but denied plaintiff's injury occurred due to the minor impact.

Defendant claimed that the force of impact was minimal and any alleged injuries, if any, should have resolved within a few weeks. Defendant alleged that plaintiff was terminated from her job as the result of her excessive absences and tardiness.

Settlement Discussions

Defendant made a CCP 998 offer of $4,501. Plaintiff made a CCP 998 demand of $15,000.

Damages

Plaintiff asked for $1.2 million in damages.

Injuries

Plaintiff claimed headaches, neck and shoulder injury, blurred vision, upper, mid and lower back injury with muscle tear in the cervical region and disc herniation in the cervical and lumbar region. Plaintiff also alleged organic brain trauma from the impact. Plaintiff further alleged she was subsequently terminated from her job due to her injuries.

Result

Defense verdict.

Other Information

Defense experts revealed the force of impact was minimal and any alleged injuries, if any, should have resolved within a few weeks. Plaintiff's spine was riddled with congenital and degenerative defects, not related to impact. Psychological evaluation was unnecessary, and any complaints could be reasonably attributed to depression in her life. Defendant filed a trial de novo. Plaintiff has filed a motion for new trial and for judgment notwithstanding the verdict FILING DATE: Nov. 25, 2009.

Poll

9-3

Length

six days