Low verdict in rear-ender after low settlement offer. $1,125. San Diego County.


Plaintiffs delay treatment after low-impact rear-ender. Defense admitted liability but disputed extent of injuries.

The Case

  • Case Name: Mikesell v. Chinol
  • Court and Case Number: San Diego Superior Court / 37-2014-00013052-CU-PA-CTL
  • Date of Verdict or Judgment: Wednesday, May 20, 2015
  • Date Action was Filed: Monday, April 28, 2014
  • Type of Case: Vehicles - Auto vs. Auto
  • Judge or Arbitrator(s): Hon. John S. Meyer
  • Plaintiffs:
    Molly Mikesell, 40, hairstylist.
    Madison Kirby, 16, sandwich shop clerk.
  • Defendants:
    Francisco Chinol, Jr.
    Sara Chinol
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $375 for Molly Mikesell and $750 for Madison Kirby
  • Net Verdict or Award: $375 for Molly Mikesell and $750 for Madison Kirby
  • Trial or Arbitration Time: 3 days
  • Jury Deliberation Time: 2 1/2 hours.
  • Post Trial Motions & Post-Verdict Settlements: Defendants will be filing their cost bill.

The Attorneys

  • Attorney for the Plaintiff:

    Yasmine Djawadian, San Diego.

  • Attorney for the Defendant:

    Austin Brownwood Cannon & Santa Cruz by Sylvia S. Aceves, San Diego.

The Experts

  • Plaintiff’s Medical Expert(s):

    David Hyunh, DC, chiropractics, San Diego. (Treating physician)

  • Defendant's Medical Expert(s):

    Michael Millar, DC, chiropractics, Torrance.

Facts and Background

  • Facts and Background:

    This case arose out of a low speed rear-end automobile accident involving two plaintiffs. On November 20, 2013 plaintiff Kirby was driving on Torrey Pines Road in La Jolla in stop-and-go traffic, with plaintiff Mikesell as passenger when their vehicle was hit from behind by defendant. Both plaintiffs first sought medical care nearly 3 weeks after the accident. The damage to defendants’1994 Chevrolet van totaled $606.84.

  • Plaintiff's Contentions:

    Plaintiffs claimed they waited to treat because they wanted to see if their injuries would improve. They claimed they were rear-ended at 30 miles per hour by defendant.

  • Defendant's Contentions:

    Defendants did not dispute liability. Defendants claimed that the accident was not of an injury-producing nature and the plaintiffs' delay in treatment demonstrated that.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff Molly Mikesell claimed the following injuries as a result of the accident: head, neck, lower back, and both shoulders. Plaintiff Madison Kirby claimed the following injuries as a result of the accident: upper back, low back, shoulder, knee, and mood swings. The plaintiffs were also claiming residual complaints at trial due to the accident.

Special Damages

  • Special Damages Claimed - Past Medical: $2,755.00 in bills for Molly Mikesell and $2,680.00 for Madison Kirby.
  • Special Damages Claimed - Past Lost Earnings: Mikesell claimed $8,307 in loss of earnings. Kirby claimed loss of earnings in an unknown amount.

Demands and Offers

  • Plaintiff §998 Demand: None.
  • Defendant §998 Offer: $1,301 for Kirby and $1351 for Mikesell. Offered with their answer to complaint.