Facts

On Jan. 20, 2006 at 4:46 p.m., plaintiff Leonard Gaitan, 35, was driving near the intersection of Foothill Blvd and Spring Street in Calistoga when James Ramirez struck him from behind.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant was negligent.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but contended plaintiff had recovered from his injuries by May 2006.

Damages

Plaintiff sought $7,499.25 in medical costs plus $900,000 for pain and suffering.

Injuries

Plaintiff claimed he suffered soft-tissue injuries to his back and neck, a herniated disc at L5-S1 and pain in lower back and in both legs. Plaintiff stated in his deposition that he had no accident-related injury problems as of April 2006. However, during trial he testified that pain in his lower back and left leg had disappeared by April 2005 but that the pain reappeared in the summer of 2005.

Result

Plaintiff was awarded $14,995 by the jury. $7,499 for past medical costs and $7,500 for past pain and suffering.

Other Information

Post-trial, per C.C.P. 998, defendants received an award of $3,623.10, which included expert costs and statutory interest.

Deliberation

one hour

Poll

9-3

Length

two days