Facts

Plaintiffs Joe and Martha Zaragoza were rear ended by Troy Ming who was driving a vehicle issued by Sunshine Carpet Warehouse, owned by Joy Campos. Plaintiffs sued Ming, Campos, and Sunshine Carpet for negligent operation of a vehicle and for the damages they sustained as a result of the collision.

DEFENDANTS' CONTENTIONS:
Defendants conceded Ming's negligence and Martha's injuries and related costs, but disputed Joe's injury. Defendants disputed Joe's shoulder injury and contended that the shoulder surgery was unrelated to the accident. Defendants further disputed the reasonableness of the costs associated with the treatment Joe received, and disputed his claims for past and future lost earnings.

Damages

Plaintiff Joe claimed approximately $124,000 in past medical expenses and $170,000 in future medicals. He further claimed $170,000 in past lost earnings and $137,000 in future lost earnings. Plaintiff Martha claimed $3,622 in past medical expenses and no lost earnings nor future damages.

Injuries

Plaintiff Martha sustained soft tissue neck and back injuries. Plaintiff Joe also sustained a more severe neck injury, which required extensive treatment including a medial branch block, a rhizotomy, and an epidural. Plaintiff Joe would require a cervical fusion in the future. He also sustained a left shoulder injury that required an arthroscopic surgery, and necessitated a second surgery.

Result

Plaintiff Joe was awarded $277,500 in judgment and plaintiff Martha was awarded $6,622.

Deliberation

six hours

Length

seven days