Nunez v. Turner went to a jury trial in Sacramento County Superior Court. Jim represented the driver of a pickup truck. Plaintiff claimed that Jim’s client sideswiped plaintiff’s vehicle. As a result, plaintiff contended that she sustained injuries to her shoulder, back and neck. She also claimed that she was pregnant at the time of the incident and that the trauma caused her to miscarry. Furthermore, the plaintiff claimed that she had an increase in migraine headaches as a result of the incident. The plaintiff asserted over $10,000 in medical expenses. The plaintiff also claimed that she was unable to work as a hair stylist due to injuries sustained in the accident. She asserted a $70,000 wage loss.
Jim and his principal believed that the plaintiff’s injuries were minimal and therefore served the plaintiff’s attorney with a 998 for $7,751.00 in October of 2003. The plaintiff did not accept the offer. Thereafter, Jim retained experts to refute the plaintiff’s claims of injuries. The experts showed that the plaintiff sustained, at worst, an aggravation of a preexisting condition which should have resolved within 2-3 months of the incident. Since Jim and his principal were confident that a jury would believe Jim’s experts, all offers were withdrawn.
At the first day of trial, all of Jim’s motions in limine were granted including barring plaintiff from asserting a wage loss since she withdrew her expert on that issue. Just prior to beginning jury selection, the plaintiff dismissed the complaint with prejudice. Jim and his principal did not wave costs. Jim filed a cost bill, which included his expert’s fees, totaling over $7,000.