Facts

On Nov. 2, 2009, Helen Yoon, 67, was driving east in her vehicle on State Route 91 near Interstate 710 in Los Angeles when she was rear-ended by a vehicle driven by Kristina Prior. The collision caused Yoon's vehicle to hit the rear of the car in front of her, which in turn hit the car in front of it.

Yoon sued Prior and Prior's employer Mercury Insurance Services LLC. She also sued Mercury Casualty Co. and Mercury Insurance Co. Defendant Mercury Casualty Company was sued as the owner of the vehicle under Vehicle Code section 17150.

Plaintiff settled with defendant Mercury Casualty Co. before trial and the case proceeded against defendants Prior and Mercury Insurance Services. Prior testified that her employer was defendant Mercury Insurance Co., however, by the time of trial it was agreed that the entity that employed Prior on the date of the accident was Mercury Insurance Services.

PLAINTIFF'S CONTENTIONS:
Yoon contended that Prior in the course and scope of her employment with Mercury Insurance Services negligently operated the Mercury Casualty Company vehicle and that Mercury Insurance Services was vicariously liable for Prior's negligence.

DEFENDANT'S CONTENTIONS:
Prior and Mercury Insurance Services admitted liability, however they disputed the nature and extent of plaintiff's claimed injuries.

Settlement Discussions

Yoon made a CCP section 998 demand for $15,000 owner liability to Mercury Casualty, which was accepted before trial, but was paid, along with costs of $9,411.70, after the trial. Plaintiff made a $99,000 CCP 998 demand to Mercury Insurance Services and $299,999 to Mercury Insurance Co. in 2014. Defendant Prior and Mercury Casualty made a 998 offer of $100,000. Defendant Mercury Insurance Services did not make a 998 offer prior to trial.

Injuries

Yoon claimed injuries included a torn rotator cuff in her left shoulder and bulging discs in her cervical and lumbar region. She also claimed a bruise to her left elbow. Yoon underwent surgery to repair her rotator cuff, followed by physical therapy. She underwent a second surgery, claiming the first one to be unsuccessful. She claimed ongoing symptoms post-surgery.

Result

The jury determined Yoon's damages to be $16,939 for past economic damages and $7,500 for past non-economic damages for a total award of $24,439 against Prior and Mercury Insurance Services.

Other Information

Post-trial, defendant Prior was awarded costs of $40,762 because they beat the CCP Section 998 offer after Yoon successfully taxed part of their cost bill. They requested a judgment of $31,323 against Yoon and the court granted their motion to strike plaintiff's cost bill. Plaintiff was awarded costs against defendant Mercury Insurance Services in the sum of $9,439, which the court deducted from the costs awarded defendant Prior. Plaintiff's cost bill was struck, only as to Prior. Yoon is appealing the verdict.

Deliberation

four hours

Poll

10-2

Length

three days