Facts

On May 22, 2003, plaintiffs Padmini Gupta, 42, and her son Amith Gupta, 14, were driving westbound on Williams Road in San Jose. When they approached the Saratoga Street intersection, their car was struck on the passenger side by a vehicle driven by James Jenkins.

Claiming injuries, the Guptas sued Jenkins for motor vehicle negligence. They also sued the executrix of Jenkins' estate, Joyce Hunter, for vicarious liability. Jenkins stipulated liability and settled with Amith Gupta for $5,000. The matter proceeded solely on the issue of Padmini Gupta's damages.

Settlement Discussions

The plaintiff demanded $49,000 per a C.C.P. Section 998, but later reduced the demand to $38,000. The defendant offered $7,200 per a C.C.P. Section 998, but later increased the offer to $8,200.

Damages

Gupta sought $31,000 in past medical damages and unspecified damages for past and future pain and suffering since she was still in pain at trial. Gupta also sought between $15,000 and $25,000 in damages for future back injections. The defendant argued these damages were excessive and suggested $5,000 was a more appropriate figure.

Injuries

Padmini Gupta was taken to the hospital where she was diagnosed with soft tissue damage to her back. Further testing indicated an annular tear at L5-S1. Gupta was treated with three years of on-again, off-again physical therapy, two epidurals, and one facet injection. The defendant contested her injuries, claiming it could not be shown that the collision was the cause of her annular tear because she did not show symptoms of the injury until several months after the accident.

Result

The jury found Jenkins liable, awarding Gupta a total of $15,000 in damages. The damages consisted of $5,000 for past medical costs and $10,000 for past pain and suffering.

Deliberation

three hours

Poll

11-1

Length

four days