Facts

Plaintiff Jamie Hines, a 21-year-old veterinary assistant, was driving a car northbound in the far right lane on Howe Avenue in Sacramento. Defendant Ricardo Morfin Alcaraz was driving a pickup truck in the same direction, but one lane to the left. Near an intersection, the defendant made an unsafe lane change to the right. The right side of his truck then collided with the left side of plaintiff's car. The plaintiff went off the road and immediately thereafter, the left side of the plaintiff's car hit a 10-inch high, 6-inch wide concrete barrier at the entrance of a gas station.

The plaintiff sued defendant, alleging motor vehicle negligence.

The defendant admitted liability.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $10,000; the defendant's offer was $7,000 per C.C.P. Section 998.

Injuries

The plaintiff suffered soft-tissue injuries to her neck and back, and a bruised thigh. She also hit her head on the roof of the car. The plaintiff claimed she suffered constant pain and sleeplessness for three months after the car accident. After the plaintiff's initial visit with a doctor at a local hospital, she then underwent 37 sessions of chiropractic treatment. She had no residual injuries or complaints. The plaintiff sought $5,475 in past medical specials ($1,070 for the doctor's visit and $4,405 for the chiropractic treatments). She also asked for $25,000 in damages for past pain and suffering. The defendant disputed the plaintiff's alleged injuries and damages, noting that she had four prior car accidents with similar injury claims. He further claimed plaintiff's chiropractic treatments were excessive because her injuries were not severe. The defense showed a security videotape from the gas station immediately after the crash. The videotape showed plaintiff getting out of her car and walking around normally, exhibiting no apparent signs of pain. Defendant also disputed whether plaintiff hit her head. Although her chiropractic intake report indicated she did hit her head, the plaintiff denied it during her deposition.

Result

The jury awarded the plaintiff $1,070 for her hospital visit; nothing was awarded for non-economic damages. In post-trial interviews, jurors reported that they did not believe the plaintiff was really injured, and they did not find her testimony credible.

Other Information

The plaintiff filed a motion for a new trial, based on inadequate damages. The trial judge granted the motion, but said he would deny the motion if the defense accepted an additur of $7,570 plus plaintiff's costs, which totaled $9,859. The defendant agreed to pay $9,859 in lieu of having to go to trial a second time, and settled the case.

Deliberation

four hours

Length

three days