Facts

On November 4, 2011, Catherine Bennett, 56, was driving her vehicle northbound on Florin Perkins Road in Sacramento. As she was approaching the intersection with Jackson Highway, she saw traffic stopped on the right lane and attempted to drive around prior to making a right hand turn. Meanwhile, Woo Chung was driving a vehicle heading southbound on Florin Perkins Road. As he attempted a U-turn in the intersection, his vehicle collided with the driver's side of Bennett's vehicle. Bennett's vehicle consequently spun out and collided with a third vehicle. She sued Chung for negligent operation of his vehicle.

PLAINTIFF'S CONTENTIONS:
Bennett contended that Chung caused the collision by failing to yield the right-of-way to Bennett as she was lawfully passing the stopped vehicles.

DEFENDANT'S CONTENTIONS:
Chung contented that Bennett was driving too fast and that Chung could not reasonably have expected that Bennett's vehicle would be passing other vehicles.

Settlement Discussions

Bennett made a CCP Section 998 demand for $25,000 and defense offered a waiver of costs.

Damages

Bennett sought $9,431 in past medical expenses and more than $150,000 in future medical expenses.

Injuries

Bennett's claimed injuries included ongoing lower back pain and complete collapse of the L4 and L5 levels, disc protrusion, and aggravation of a previous back condition. She underwent 10 months of chiropractic treatment and physical therapy. An orthopedic surgeon recommended future surgery for her lower back.

Result

The jury returned a defense verdict, finding Chung was not negligent.

Deliberation

30 minutes

Poll

11-1

Length

six days