# 00373873, Felipe Barajas et al. v. Grace Daniel, filed 5/17/10

Defendant’s Attorney: Daniel W. Smoke

Verdict: $1,450.00                                                  Dept. 43, Hon. Charles R. McGarth

Plaintiffs were a father,  mother and three children, ages fifteen, twelve and two,  who were riding in their Dodge Magnum station wagon on Seaward near Main in downtown Ventura when it was rear-ended by Defendant’s half-ton pick-up truck, causing approx. $3,200 in property damage.  Father was the only occupant to complain of pain and discomfort at the time of the incident.  All Plaintiffs except the two-year-old commenced a brief course of chiropractic treatment resulting in a total of nearly $11,000 in medical expenses; there were no loss of earnings claims.  Plaintiffs rejected the arbitration award of zero dollars.  Defendant’s chiropractic expert witness testified at trial that the treatment was unnecessary and that all of the injury claims were fabricated and unsubstantiated. Jury awarded father $1,100 of his nearly $3,000 in medical expenses and $350 for non-economic damages.  No award for mother and two teen-agers.  Defendant had served statutory 998 offers to compromise in the amount of $500 for each plaintiff.

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