Facts

Timothy Du Bato sued Hermann Kruk and Samuel Kruk in connection with a motor vehicle accident that occurred on March 8, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff was stopped at a red light at Mendocino Ave. in Santa Rosa when a vehicle rear-ended him. He sustained injuries as a result and sued the driver, Samuel Kruk for negligence, and the owner of the vehicle, Hermann Kruk for vicarious liability. Plaintiff claimed, with help of his expert, that the force of impact amounted to about 20 Gs, causing severe injuries to his neck and back. As such, plaintiff alleged he would need ongoing treatment and epidural injection.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's claimed injuries, asserting they were unrelated to the accident given that plaintiff did not seek any medical treatment immediately after the crash. Defendants also disputed plaintiff's claimed damages, asserting any injuries were speculative at most.

Settlement Discussions

Du Bato demanded $20,000 in settlement, which defendants countered with a CCP 998 offer of $8,500.

Damages

Du Bato requested the jury not award anything over $100,000 in damages, and suggested a verdict of $60,000 to $70,000.

Injuries

Du Bato claimed injuries to his neck and back. He also claimed that a month after the accident, he continued to experience pain in the neck that radiated to his upper extremities, including his shoulders, chest and arms. His doctor later diagnosed him with spinal stenosis and degradation in his spinal column, as well as join injuries. He underwent conservative treatment. However, he claimed he continued to experience lingering effects such as loss of manual dexterity and balance, which continue to become worse.

Result

The jury rendered a verdict in favor of the defense.

Deliberation

two hours

Poll

Unanimous

Length

five days