Facts

In September 2004, defendant Kathlyne Smart-Vasquez (Smart-Vasquez) was struck by an unknown vehicle while driving down Interstate 5. As a result, Smart-Vasquez rear-ended plaintiff Richard Parken's vehicle.

Parken sued Smart-Vasquez, alleging that Smart-Vasquez was negligent in the operation of her vehicle. Safeco Insurance was later added as a defendant, following an underinsured motorist claim. However, only the case against Smart-Vasquez went to trial.

Damages

Parken's wife also filed a claim for loss of consortium.

Injuries

Parken sustained spinal disk injuries and nerve damage. Parken underwent left elbow cubital tunnel nerve transposition, left shoulder arthroscopy with AC joint resection and pain pump placement, L4-5 laminectomy, L5-S1 hemilaminectomy, and several discectomies. Although Parken was able to return to work as a salesman, he continued to suffer from the injuries, which left him with a lifelong impairment, pain, and restricted mobility.

Result

The jury found in favor of Parken and awarded him $3.65 million. The settlement included $683,805 for past medical cost, $755,000 for future medical cost, $19,842 for past lost earnings, $2 million for past and future pain and suffering, $66,346 for past and future health and personal home services, and $127,600 for future attendant care and driving expenses for work. The jury also apportioned fault, as follows: the phantom motorist was found 60 percent at fault and Smart-Vasquez was found 40 percent at fault. The returned a verdict in favor of the defense on Leah Parken's loss of consortium claim.

Deliberation

one day

Poll

11-1 (Smart-Vasquez's negligence), 12-0 (phantom motorist's negligence)

Length

10 days