Facts

On Sept. 24, 2007, plaintiff Kim McDonald was involved in a motorvehicle collision on northbound Highway 101 in Santa Rosa with a freightliner tractor trailer driven by defendant Ronnie Gary and owned by defendant Village Nurseries Wholesale, LLC. McDonald sued Gary and Village Nurseries for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
McDonald claimed she was stopped in traffic when she was struck from behind by the tractor trailer.

DEFENDANTS' CONTENTIONS:
Village Nurseries and Gary stipulated to liability.

Settlement Discussions

According to plaintiff's counsel: McDonald demanded $150,000, via CCP 998. According to defense counsel: McDonald demanded $375,000, via CCP 998 Village Nurseries and Gary offered $75,000, via CCP 998.

Specials in Evidence

$24,000 $32,200

Injuries

McDonald claimed soft tissue injuries to her neck and shoulder, a loss of motion and disc protrusions at C4-5, C5-6, and C6-7. She claimed two treatments of epidural steroid injections and trigger point injections.

Result

The jury awarded McDonald $106,000: $56,000 in economic damages and $50,000 in general damages.

Deliberation

four hours

Length

six days