Facts

In 2002, Plaintiff Jose Quintero Ramirez was driving south on Interstate 101 when a vehicle driven by Janice Avery rear-ended his vehicle. Ramirez, 41, sued Avery, alleging negligent operation of a motor vehicle. Avery conceded liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff, who is a union laborer, contended that he missed work due to the pain caused by his injuries. The plaintiff's counsel refuted the defense's claims that his injuries were pre-existing by claiming that it was only after the accident at issue that the plaintiff required treatment.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff's injuries were not a result of the accident, rather the plaintiff suffered from degenerative injuries that occurred before and after the accident in issue. For example, in 1996, the plaintiff suffered injuries to his hips and shoulders and received workers' compensation. After the accident, the plaintiff suffered a broken hand. The defense also claimed that the accident occurred at a low rate of speed. A defense expert forensic chiropractor opined that the chiropractic treatment the plaintiff received was in excess of that which was actually necessary to treat him. As a result, the plaintiff should receive only $1,000 to $1,500 for his chiropractic care. The defense claimed that the damage to the plaintiff's vehicle was less than $3,000.

Specials in Evidence

$20,000. Because the plaintiff could not remember how many days of work he missed as a result of pain, he did not seek lost earnings. $30,000.

Damages

The plaintiff sought past and future pain and suffering. His attorney requested $100 a day for every day the plaintiff was and is in pain.

Injuries

The plaintiff's injuries consisted of soft-tissue injuries to his neck and shoulder. The plaintiff's neurosurgeon opined that the plaintiff needed cervical epidural injections due to injuries at C5-6 and C6-7.

Result

$72,000.

Deliberation

six hours

Poll

12-0

Length

three days