Cao v. Fantulin was tried in San Joaquin County. Brian’s client, a Stockton resident, crossed over the center line on Highway 70 north of Marysville and sideswiped the plaintiffs’ utility truck. The plaintiffs were husband and wife who were in the wholesale fruit business and were returning to Stockton with a load of 11,000 pounds of persimmons. There was significant damage to the defendant’s car, but little damage to the plaintiffs’ truck. Plaintiffs only treatment was provided by a Stockton chiropractor with charges of $6,400 for Mr. Cao and $6,200 for Mrs. Cao. At the settlement conference, the defense offers were $3,500 to each plaintiff. When the case did not settle at the settlement conference the offers were withdrawn. Brian argued that the chiropractic charges were unreasonable and that the plaintiffs had failed to produce evidence to show that they were injured as a result of the accident.
The jury returned a verdict for the defense resulting in a cost judgment of $5,739.99.