|Please read the facts and then submit your vote.|
It's a nice warm sunny day in April, and Plaintiff Jane Smith is driving her 1995
Maxima heading east on Highway 51. (A narrow two (2) lane road) The speed
limit on the Highway 51 is 35 m.p.h., but Jane travels the road everyday, and is going
about 45 m.p.h. In the distance, Jane sees a mini-van coming at her from the west bound lane.
The van appears to be going very slow. As Jane approaches, the mini van makes a sudden left hand
turn into a private drive directly into the path of the Jane.
Jane Smith locks up the brakes on her car, but can not avoid hitting the mini-van. The driver of the mini-van, John Doe, comes over and checks on Jane, and says, "I'm sorry I never even saw you, I guess the sunset was in my eyes; Are you Hurt?" Jane still in a state of shock, says "No, I'm okay, I think." The police come and a report is taken. Jane's car has about $2,000 worth of damage to the front end.
Later that night, Jane Smith, becomes very sore and stiff an goes to the emergency room. The doctor takes several x-rays and finds no broken bones, prescribes pain medication, and schedules her for a follow-up. The pain continues to get worse in Jane's neck and back. An MRI is taken, but no positive results are found to give reason for the pain. She is diagnosed with chronic whiplash, and continues treatment with a physical therapist at the hospital on and off for about a year. As a result Jane incurs $3,000 in medical expenses. Jane is a housewife, and did not have any lost wages. Jane decides to sue John Doe for the accident, to recover her medical expenses, property damage, and for the pain and suffering.
How would you rule in this matter?