Facts

Plaintiff Lorena Cervantes, 28, filed a suit against defendants Jasmine Ramos, Luisa Ramos, Fredocris Ramos, and Timothy Porter, based on a car accident that occurred on July 13, 2010.

Fredrocris and Luisa Ramos are owners of the vehicle defendant Jasmine Ramos was driving at the time of the collision. They were dismissed before trial.

Porter was in a vehicle that was also impacted by defendant Jasmine Ramos at the time of the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that while driving on the freeway, defendant Jasmine Ramos sideswiped her. Plaintiff claimed the impact caused her vehicle to spin around 360 degrees. Plaintiff claimed the accident caused her injuries as a result.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff provided no evidence that established the mechanism of injury that would cause a disc protrusion from what defendant considered a minor accident at an estimated $3,344 cost of repair. Defendant also argued there were some significant gaps in treatment and plaintiff did not listen to her doctor's recommendations.

Defendant reduced the reports from plaintiff's medical bills, and suggested that a reasonable amount was all the treatment up until March of 2012, when plaintiff's doctor was no longer recommending an epidural, with the exception of removing all costs for reports, at a total of $18,196. Defendant asserted that during trial, plaintiff had stated she missed 20 days of trial; defendant then impeached her with a letter from her employer showing she had only missed 20 hours. As such, defendant recommended the total loss of earnings of $245. There was a recommendation of $6,000 for pain and suffering. There was no recommendation for future treatment/loss of earning, as plaintiff had not established the disc protrusion was related to the accident. Dr. Baird testified that the disc protrusion was a pre-existing issue, and there was no evidence to support a disc protrusion.

Defendant Timothy Porter denied liability, and filed a cross-complaint against defendants/cross-defendants Jasmine Ramos, Luisa Ramos, and Fredocris Ramos to protect the statute. Porter sued for indemnification, declaratory relief, and apportionment of fault against cross-defendants.

Settlement Discussions

Plaintiff's final demand via CCP 998 was $51,000. Defendant made a CCP 998 offer of $30,000.

Damages

Plaintiff sought over $95,000 for a future back surgery, multiple future epidurals, as well as pain and suffering and loss of earnings for future and post care. Plaintiff had a total of $27,443 in presented medical bills (though there was a second epidural, no amounts were presented.)

Injuries

Plaintiff claimed to suffer from a disc protrusion that caused pain and necessitated three epidurals a year for life or surgery.

Result

Plaintiff's verdict for $24,441.

Other Information

Defendant intends to seek recovery of expert costs pursuant to CCP 998. FILING DATE: July 11, 2012.

Deliberation

one hour

Length

3.5 days