Facts

On April 23, 2005, plaintiff Dwayne Pettway was leaving the Molly Stone's store on Steiner Street in San Francisco in his vehicle, when the car in front of him, driven by Janet Ross, reversed into his car.

Claiming injuries, Pettway sued Ross and the vehicle's registered owner, John Ross for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Pettway argued Ross did not look behind her before she reversed her vehicle.

DEFENDANT'S CONTENTIONS:
Ross argued she was not negligent in her driving and that she behaved reasonably in operating the vehicle.

Settlement Discussions

The plaintiff demanded $36,000. The defendant offered $1,501 per C.C.P. Section 998.

Damages

The plaintiff sought $2,237 in past medical bills, $2,000 in past psychological bills, $9,600 in lost wages and unspecified damages for future psychological care and past pain and suffering.

Injuries

A week after the accident, Pettway was diagnosed by a physician with soft tissue injuries to his hip and knee. He had six physical therapy sessions and was treated at an urgent care facility. Pettway also underwent two months of chiropractic care. The plaintiff also had psychology expert, Martin Driscoll testify that Pettway suffered from severe recurrent depression due to his lost range of motion and pain, forcing him to miss three months of work. The defense contested the injuries, arguing that the force of the impact could not have caused any of Pettway's injuries because defense biomechanics expert, Rajeev Kelkar, estimated the force of the collision at no more than 4 mph. The defense claimed the force of the impact had the equivalent force of merely walking down the street. The defense also asserted that the psychological injuries were unrelated to the accident.

Result

The jury found Ross liable for Pettway's injuries and awarded him $257, consisting of $150 for past medical cost and $107 for past pain and suffering.

Deliberation

three hours

Poll

11-1

Length

three days