Jorge Tovar Mendoza, Flora Acuna v. Mary Blance Stucky
Published: Sep. 3, 2005 | Result Date: Apr. 22, 2005 | Filing Date: Jan. 1, 1900 |Case number: M67252 Verdict – $13,719
Judge
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Fernando Luque
(medical)
Defendant
Curtis Turchin
(medical)
Facts
In October 2002, plaintiff Jorge Tovar Mendoza, a 48-year-old vegetable transplanter, was driving in Salinas.
Plaintiff Flora Acuna, a 49-year-old cabbage sorter, was a passenger. As Mendoza proceeded through an
intersection, defendant Mary Stucky, attempted to turn left through the intersection and the two cars collided.
Settlement Discussions
The plaintiffs made C.C.P. Section 998 demands of $7,000 on Mendoza and $7,500 on Acuna. The defendant's C.C.P. Section 998 offer was $5,535 to Mendoza and $5,837 to Acuna.
Damages
The plaintiffs sought unspecified non-economic damages.
Injuries
The plaintiffs were transported by ambulance to a hospital. Mendoza complained of right shoulder and back pain. He was treated and released. He later sought chiropractic treatment. He claimed medical specials of $684 for the ambulance, $1,174 for emergency room services, and $2,524 for chiropractic costs. Acuna complained of chest, hip and back pain at the hospital. She was treated and released. She also sought chiropractic treatment. Acuna claimed $681 for the ambulance, $1,396 for the hospital care, and $2,756 for the chiropractic costs. The defendant disputed the nature and extent of the plaintiffs' claimed injuries and asserted they could not have resulted from the minor impact of the accident. The defendant also questioned the reasonableness and necessity of the medical treatment.
Result
The case was ordered to arbitration, where an award was made of $7,000 plus costs to Mendoza, and $7,500 plus costs to Acuna. The defendant rejected the award and was granted a request for a trial de novo. The jury found the defendant 90 percent liable for the car accident, and the plaintiffs 10 percent comparatively negligent. The jury awarded both plaintiffs a total of $13,718, resulting in net awards of $5,970 for Mendoza and $6,376 for Acuna. The plaintiffs were also awarded costs in the amount of $2,517.
Deliberation
1.5 hours
Poll
10-2
Length
four days
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