Facts

In 2002, Beverlie Blackwell was driving her SUV on Sunrise Boulevard in Sacramento when she was rear-ended. Blackwell, 62, encountered traffic and stopped to avoid blocking an intersection. Although the vehicle directly behind Blackwell stopped, a vehicle driven by Donna Harger that was behind that vehicle did not stop in time. Harger's vehicle struck and forced the other vehicle into Blackwell's SUV. Blackwell filed a lawsuit against Harger, claiming negligence.

Harger did not dispute liability.

CONTENTIONS:
The plaintiff's orthopedic specialist claimed that the plaintiff's pain was a result of injuries sustained in the accident.

The defendant challenged the nature and extent of the plaintiff's injuries, claiming actual injuries would have surfaced within a month of the accident. The defense claimed through testimony of an orthopedic expert that the plaintiff only suffered soft-tissue injuries and that her MRI results were unrelated to injuries sustained in the accident.

Settlement Discussions

The plaintiff demanded $25,000 and the defendant offered $8,451.

Specials in Evidence

$11,000.

Damages

The plaintiff sought damages for pain and suffering.

Injuries

The plaintiff suffered two fractured teeth during the accident. She also injured her back, neck and shoulder. She claimed the pain from her back spread to her leg, knee and heel. MRIs taken by the plaintiff's orthopedic specialist indicated injuries to her neck and back. The plaintiff also suffers from headaches. She underwent chiropractic treatment.

Result

$2,709.

Deliberation

two hours

Poll

12-0

Length

four days