Facts

On July 22, 2007, plaintiff Audrey Whisler was hit by a vehicle driven by defendant Stacie Williams at the intersection of Auburn Boulevard and Orlando Avenue in the Citrus Heights-Roseville area. Whisler sued Williams.

PLAINTIFF'S CONTENTIONS:
Whisler argued that Williams was liable for motor vehicle negligence for broadsiding her. Whisler alleged the accident caused a joint injury in her upper arm.

DEFENDANT'S CONTENTIONS:
Williams admitted liability. She claimed that she was following a truck and didn't notice the light changed to red. However, Williams claimed Whisler's joint had been deteriorating for 10 years and that Whisler had three prior rotator cuff surgeries.

Settlement Discussions

Whisler demanded $250,000. Williams offered $14,000.

Specials in Evidence

Whisler claimed $24,000 for the surgery.

Damages

Whisler claimed pain and suffering damages.

Injuries

Whisler claimed acromioclavicular joint separation, requiring an AC joint resection surgery and two months of physical therapy. She claimed decreased range of motion in her upper arm.

Result

The jury awarded Whisler $3,855 for past medical costs and $5,000 for general damages.

Deliberation

2.5 hours

Poll

12-0

Length

four days