On August 8, 2013, co-workers P.D. and C.G. went out for dinner and to watch a pre-season 49ers game following their shift as medical assistants at Kaiser. Following dinner and the game, P.D. drove C.G. to the Daly City BART station to retrieve her car. On their way to the BART station, R. Martinez struck the rear of Peter’s vehicle.
Plaintiffs and defendant R. Martinez had differing accounts of what occurred. Plaintiffs testified that at the end of the 101N ramp, prior to merging onto I-380, they slowed to nearly a complete stop due to traffic when Rachel Martinez struck the rear of P.D.’s vehicle on the driver’s side and continued straight ahead, pulling over to the right shoulder in front of them. P.D. pulled over behind Martinez and they exchanged information before continuing on their way.
Defendant Martinez testified that she never saw P.D.’s vehicle, but that she believed he did not have his lights on and swerved in front of he, cutting her off and that P.D. was the cause of the collision. She also testified that the accident occurred on I-380, not on the ramp, and that there was no traffic that evening. She further testified that P.D. smelled like alcohol and was begging her not to call the police, and that she was afraid of the plaintiffs.
Plaintiffs each claimed soft tissue injury to the neck and back, resulting in one doctor’s visit and several months of physical therapy and chiropractic treatment.
