Facts

Joseph Berry, Nancy Berry, and Mark Cogburn sued Lance Hicks, Risa Hicks, and Connor Hicks in connection with a motor vehicle accident along Interstate 5.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that at approximately 3:50 in the morning on Sept. 11, 2009, Joseph Berry was sleeping inside a truck while it was parked on the shoulder of the freeway. The truck's driver, Cogburn, had parked the truck because he needed to use the toilet. Suddenly, the parked truck was rear-ended by another vehicle driven by 19-year-old Conner Hicks. Berry claimed he was injured as a result of the collision. Cogburn was also injured so they both sued Hicks and and his parents, Lance and Risa Hicks, the owners of the vehicle he was driving.

Plaintiffs contended that Hicks was negligently driving that early morning. Moreover, that he was reckless in driving his vehicle. Plaintiffs also contended that his parents were liable for his actions.

Berry contended that Hicks was driving recklessly in speeds in excess of 80 miles per hour. Further, Berry contended that the impact totally destroyed both vehicles and noted Hicks' arrest for felony reckless driving, and that he had criminal charges pending against him.

Berry, who was in bull semen sales and was also a genetic analyzer for cows, earned about $800,000 annually prior to the accident. As a result of all his injuries and the time he needed to recover from those injuries, he had lost customers and believed he would continue to lose more. Thus, he foresaw retiring sooner than he had planned. His injuries also limited his ability to care for himself, and he continued to experience depression, anxiety, cognitive issues, and has even had suicidal thoughts.

Berry's wife, Nancy, asserted a claim for loss of consortium.

DEFENDANTS' CONTENTIONS:
The defense admitted liability despite Conner Hicks asserting his Fifth Amendment right.

Although the defense did not dispute the injuries that Berry sustained from the accident, the defense nevertheless argued that he had a pre-existing back condition. The defense contended that he would have undergone a decompression surgery despite the accident, and that the complications brought on by the surgery were unrelated to the injuries from the accident, because they were caused by his pre-existing condition. The defense requested the jury consider Berry's pre-existing condition in apportioning damages.

Settlement Discussions

Berry demanded Hicks' policy limits of $5.5 million, but Hicks offered $4 million.

Damages

Berry sought $978,280 in past medical expenses. He also requested between $2,905,837 and $3,396,731 for a life care plan. He sought $3,779,680 in lost earnings and $184,302 in property damages, which defendants did not contest. He also sought $7 million for past pain and suffering and $28 million for future pain and suffering.

Injuries

Cogburn suffered a shoulder injury while Berry suffered various injuries to his ribs, back, head, and face. Following the accident, Berry was taken to the emergency room by ambulance. He was hospitalized for more than one month, and underwent multiple surgeries. He underwent a "lumbar decompression" which resulted in complications brought on by a grave infection. As a result, he had to stay at the hospital for a while longer. Then, he underwent a failed lumbar fusion, which opened up the possibility for more fusion procedures in the future. He also claimed to have suffered from a mild brain injury that is considered to be "traumatic."

Result

Berry settled with Hicks' parents for $15,000, which was the statutory limit. Berry's wife settled her loss of consortium claim for $250,000. The jury decided in favor of Berry and against Hicks. The jury then awarded Berry $1,287,029, which consisted of $700,000 for past pain and suffering; $572,029 for past economic damages; and $15,000 for future economic damages. Cogburn decided to settle his claim for an undisclosed amount.

Deliberation

2.5 days

Poll

9-3 (damages)

Length

18 days