Facts

On Feb. 24, 2009, at 4 p.m., plaintiff Jody Gibson was driving her 2004 Mercedes Benz CLK 230 on Ventura Boulevard when her car collided with a 2009 Acura TL driven by defendant Nicholas Medici. Medici's vehicle vaulted over the Mercedes and came to a rest on its roof. Plaintiff Robert Gibson was a passenger in his daughter's Mercedes.

The plaintiffs filed suit against Medici for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that Medici swerved into the center median where Jody Gibson was waiting at a complete stop to make a left turn into her optician's parking lot. Plaintiffs contended that Medici was traveling at 70 mph.

Robert Gibson contended that he was a vibrant, perfectly healthy 90-year-old man who worked out daily, played golf and had no health issues. He contended that as a result of the severe impact, he suffered debilitating injury to his neck, lower back, arm, and legs. He also alleged loss of hearing, vision troubles and constant tinnitus. He contended that he now could not function independently, required the use of walker, needed constant medical care, and would require long term care.

Jody Gibson contended that she broke her nose and was unable to make appearances to promote her adult entertainment line of books, causing her to lose significant income.

DEFENDANT'S CONTENTIONS:
Medici contended that he was traveling 25-20 mph, never left his lane and was struck by Jody Gibson as she started her left turn. He also contended that both Gibsons were dishonest and that Robert Gibson's medical conditions pre-existed the accident.

The defendant offered medical records which purportedly revealed that each and every condition identified by Robert Gibson pre-existed the accident and that he had a pattern of exaggeration and dishonesty. The defendant contended that these same records demonstrated that Jody Gibson was present during her father's medical visits and was aware of his pre-existing injuries. Medici also contended that Robert Gibson had tried to convince a treating physician to destroy records that showed these pre-existing conditions.

Settlement Discussions

During litigation, Jody Gibson demanded $175,000 and Robert Gibson demanded $299,000. Medici offered, via C.C.P. section 998, dismissal for a waiver of costs to both plaintiffs. Jody Gibson accepted the C.C.P. section 998 offer the day before trial commenced. Robert Gibson did not accept the offer, but did waive jury.

Damages

Plaintiffs claimed medical expenses, as well as pain and suffering damages and asked for a total award exceeding $280,000.

Injuries

Robert Gibson claimed damages for a lumbar and cervical injuries. He claimed expenses for medications, therapy and attendant care. He also claimed past and future pain and suffering damages.

Result

The court found in favor of Nicholas Medici. According to defense counsel: The court found that both plaintiffs had engaged in a deliberate attempt to deceive the court. Their testimony was deemed unreliable and therefore causation was based solely on the testimony of experts, third party witnesses and defendant. While both accident reconstructions were plausible, the court determined that evidence of tire scuff marks on the Acura supported the tire-to-tire theory of defendant. This condition could only exist if Jody Gibson was in the process of a left turn; thus exposing her tire. Further, the court determined that defendant was credible and therefore his version of the accident was to be believed.

Other Information

Defendant intends to seek full costs (under C.C.P. section 998) from Robert Gibson.