Karl Jeffrey Ayers v. Andrew Poulos
Published: Mar. 22, 1997 | Result Date: Sep. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: 128705 – $846,000
Judge
Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Arthur H. White
(medical)
Margo Rich Ogus Ph.D.
(technical)
G. Michael Michael Graham
(technical)
Defendant
James C. Westman
(technical)
John B. Runnels
(medical)
Facts
On March 12, 1993, plaintiff Karl Jeffrey Ayers, a 47-year-old building inspector, was injured when his vehicle was stopped on the freeway as the result of an accident which occurred in front of him. The defendant lost control of his vehicle in the rain and rearended the plaintiff's vehicle. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $400,000. The defendant made a C.C.P. º998 offer of compromise for $200,000. Per the defendant, the plaintiff made a non-negotiable demand of $1.25 million on Sept. 11, 1996, which expired on Sept. 13, 1996, and the defendant countered with an offer of $225,000.
Specials in Evidence
$58,000 $650,000 to $915,000 (disputed) $200,000 to $271,000 (disputed)
Injuries
The plaintiff alleged that he suffered severe cervical injuries and underwent a double cervical fusion and laminectomy. The plaintiff also claimed that he suffered from continuing instability at two other cervical disc levels and a minor herniation at a third level and that if he returned to work, he would need at least two or more fusion surgeries.
Other Information
The verdict was reached approximately three years and one month after the case was filed. An arbitration was held in December 1994 before the plaintiff had surgery and while he was still employed full-time, resulting in an award of $187,000. The arbitrator found that the plaintiff attained a good result as a result of cervical surgery. However, the plaintiff had a poor result at the hands of his treating surgeon. One month before trial, the plaintiff terminated his employment on doctor's orders.
Deliberation
3 to 4+ hours
Poll
varied
Length
6 days
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