Facts

As plaintiff Kimberly Nitzberg was driving her vehicle in Pleasanton on July 16, 2003, she was rear-ended by a vehicle resulting from a chain reaction accident caused by Ricky Siu. Siu was trying to change lanes, but he collided with the vehicle behind Nitzberg, which then hit the back of Nitzberg's vehicle.

Claiming injuries, Nitzberg sued Siu for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Nitzberg claimed that Siu was at fault for the accident and fully liable for Nitzberg's injuries, in addition to the property damage to her vehicle.

DEFENDANT'S CONTENTIONS:
Siu admitted liability but argued the extent of the injuries and property damages to which Nitzberg claimed.

Settlement Discussions

The plaintiff demanded $15,721; the defendant offered $12,500.

Damages

Nitzberg sought medical bills over $5,400 and $400 per month for the remainder of her life because Nitzberg claimed she could no longer work as a full-time hairdresser as a result of the injuries she suffered in the accident. (Plaintiff's counsel disputes that the damages sought were for the "rest of her life"). However, her income remained nearly identical after the accident because she was working reduced hours, but had received a pay raise. Of the property damage Nitzberg claimed, $752 was disputed by defendant as unreasonable and the rest was paid pre-litigation.

Injuries

Nitzberg was taken to the emergency room where she was diagnosed with soft tissue damage to her back and neck that required physical therapy and chiropractic care. Nitzberg later complained of a radiating pain in her right shoulder. The defendant disputed the cause and extent of Nitzberg's injuries, arguing the collision did not cause Nitzberg's chronic injuries because she had already been diagnosed with chronic neck pain a full eight months before the accident. Siu also claimed Nitzberg complained of the same injuries in a prior collision in 2001.

Result

The parties reached a settlement for $13,000 that included $500 for the disputed portion of the property damage to Nitzberg's car.