Facts

Plaintiff Cynthia Ann Hall, an inspector for the Alameda County District Attorney's Office was in three rear-end motor vehicle accidents in a 10-month span; on July 24, 2008; April 24, 2009 and May 14, 2009. Plaintiff was in the course and scope of her employment driving a Chevrolet Impala in each accident, and received workers' compensation benefits.

After the three accidents, plaintiff was promoted to Lieutenant of Inspectors. Due to upper extremity weakness and tingling in her fingers bilaterally, Lt. Hall was forced to take a medical retirement in December 2011.

Plaintiff alleged the three accidents caused indivisible injuries to her cervical spine requiring career ending cervical arthroplasty at C4–5 and C5-6 with need for artificial disk replacement surgery. Thus, plaintiff contended each responsible party was liable for all of her injuries unless they could prove their limited responsibility.

On July 24, 2008, at 8 a.m., Douglas Harelson rear-ended plaintiff in stop and go traffic approaching the Caldecott Tunnel on eastbound highway 24. Plaintiff contended the impact speed was 10–12 mph. Damage to her car was $1,300. Harelson contended impact speed was 3–5 mph, below the threshold for cervical disk injury. Plaintiff did not report an injury to the investigating officer. Several months later, she began treating for progressively worsening neck pain.

On April 24, 2009, plaintiff was parked in downtown Oakland outside the main courthouse. Geraldine Kyles hit plaintiff while trying to pull in to a parking space behind her. Plaintiff alleged the impact speed was 3–5 mph. Plaintiff felt immediate exacerbation of neck pain. Kyles did not dispute these assertions.

On May 5, 2009, at 5 p.m., Dennis Rugg, while in the course and scope of his employment with Acme Press Inc., struck plaintiff in stop and go traffic on northbound Interstate 680 just south of Sycamore Valley Blvd. Plaintiff alleged the impact speed was between 8–10 mph. Damage to her car was $380. Rugg contended the impact speed was 3–5 mph. Plaintiff reported exacerbation of neck pain to the investigating officer.

Settlement Discussions

On the second day of trial, plaintiff accepted $700,000 from Rugg. On the third day of trial, plaintiff accepted $75,000 from Harelson. Plaintiff proceeded to judgment against Kyles, receiving $1,700,000. After reduction for settlements and based upon an apportionment of fault of 15 percent on Kyles, plaintiff obtained a judgment for $767,358.

Specials in Evidence

$98,000 (post Howell) $125,000 (for revision surgery)

Damages

Plaintiff suffered past wage loss of $150,000. Plaintiff claimed she would have been promoted to captain in 2012. She claimed early retirement resulting in future wage loss range of $700,000 -$1.1 million. Defendants argued there was no wage loss and she could return to work. As to wage loss, defendants claimed plaintiff could return to all required job tasks as Lieutenant of Inspectors since the surgery was a success. Defendants also claimed the possible promotion to Captain was speculative. Finally, defendants introduced evidence and the Court permitted via in limine the ability to argue peace officers typically retire with between 25 to 30 years of service. As plaintiff had 27 years experience, they argued any wage loss was limited to at most three years or $450,000.

Injuries

Plaintiff did not immediately seek treatment related to the July 24, 2008 accident. In March 2009, plaintiff's family practitioner referred her for physical therapy for left epicondylitis. The physical therapist noted possible radicular symptoms from C5-6 nerve root. On April 24, 2009, plaintiff saw her family practitioner. Because of her self-report of neck pain and the physical therapy note, plaintiff's family practitioner made a referral to a physiatrist for nerve conduction velocity and electomyography ("NCV/EMG"). The April 24, 2009, accident occurred about one hour after this appointment with her family practitioner. On May 18, 2009, plaintiff again saw her family practitioner. She reported exacerbation of neck pain following the May 14, 2009 accident. Throughout the next year, plaintiff underwent cervical MRI, which showed degenerative disc disease in her cervical spine to include desiccation and osteophytes. Initial NCV/EMG was negative for cervical radiculopathy but positive for carpal tunnel. Repeat NCV/EMG a year later was positive for chronic cervical radiculopathy bilaterally. Plaintiff failed conservative treatment, which included physical therapy and epidural injection. On March 21, 2011, plaintiff underwent cervical arthroplasty at C4–5 and C5-6 with artificial disk replacement. Surgery was successful. Following surgery, plaintiff experienced minimal post-operative discomfort and regained complete range of motion. She continued to suffer residual hand tingling/numbness. Defendants Harelson and Rugg argued plaintiff sustained no more than cervical sprain in each respective MVA; the forces involved were insufficient to cause cervical structural injury; plaintiff had pre-existing degenerative condition from high speed work related motor vehicle accident in 1984 when she was struck by a drunk driver; plaintiff's cervical spine disease was also due to wear and tear of life including vigorous law enforcement training, participation in athletic endeavors and regular running; and plaintiff was destined for cervical spine surgery irrespective of motor vehicle accident as she had been intermittently symptomatic for more than a decade with recurrent radicular symptoms. During the litigation, plaintiff asserted she suffered from a career ending cervical spine injury that resulted in arthroplasty surgery; that the surgical repair of her spine prevented her from performing her required job tasks including arresting and controlling suspects and arrestees; and that her medical retirement was caused by the injuries from the three motor vehicle accidents. She endured over a year of neck and arm pain from the accident, but acknowledged an excellent surgical result.

Other Information

FILING DATE: May 26, 2010.