Facts

Plaintiff Steven Capaul filed suit against defendant Lisa Sommer, in connection with a rear-ended accident that occurred on Sept. 14, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff, 46, was on his way to work traveling westbound on Highway 50 in Sacramento. Traffic in front of him slowed to stop causing him to stop his sports utility vehicle. After coming to a stop, his vehicle was struck from behind by a vehicle being operated by defendant.

Settlement Discussions

Plaintiff made a CCP 998 demand of $100,000 policy limit. Plaintiff renewed his policy limit demand at mediation and settlement conference. Defendant offered $42,001 pursuant to CCP section 998.

Specials in Evidence

$44,380 $17,500

Injuries

Plaintiff claimed lumbar facet joint injures at L3-4, L4-5 and L5-S1. The facet joint injury was initially treated conservatively with chiropractic care and physical therapy. Defendant claimed, based on expert testimony, that the degree of force on plaintiff's lower back as a result of the collision, was less than the degree of force someone plaintiff's size would put on his back when he simply bends over.

Result

The jury found in plaintiff's favor and awarded him $231,880.

Other Information

Plaintiff filed a Memorandum of Costs totaling $57,879, which included $40,087 in CCP 998 interest and expert witness fees totaling $7,720. Following the jury verdict, defendant's insurance company, State Farm Insurance, paid the jury verdict of $231,880, which was $131,880 above its $100,000 policy limit. Plaintiff's memorandum of costs totaling $57,879 has been contested by defendant whose motion to tax, which was heard on Aug. 14, 2015. FILING DATE: March 22, 2013.

Deliberation

seven hours

Length

six days