Facts

Plaintiff Joyce Trumpet filed suit against defendant Jose A. Urquieta in connection with a motor vehicle collision.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended she was sitting in the driver seat of her parked Jeep Cherokee in the loading zone in front of the Ontario Airport terminal dropping off her son, when defendant pulled in front of her vehicle in his GMC pickup truck and backed straight into her vehicle, causing the collision. Plaintiff contended that defendant caused the accident by backing up into her vehicle while she was already stopped and parked at the curb at the airport.

Plaintiff claimed she was bedridden after the accident and at one point "thought she was going to die." Plaintiff claimed she was unable to continue her regular lifestyle after the accident, such as her travels/vacations and her charitable endeavors through Veteran's Affairs, and claimed since the accident she would just stay at home, alone.

Plaintiff's son, who was a passenger in her vehicle at the time of the accident, supported plaintiff's version of liability and testified regarding the physical and emotional changes to his mother after the accident. Plaintiff also called two collateral witnesses who were acquaintances of plaintiff's through the VA to testify regarding how plaintiff's life had changed after the accident.

DEFENDANT'S CONTENTIONS:
Defendant alleged he pulled up to the curb at the terminal and was backing up to straighten out his truck when all of the sudden he hit plaintiff's vehicle, who was at a 45 degree angle to the curb. Defendant alleged plaintiff attempted to pull into an open spot on the curb while defendant was already backing up and that plaintiff caused the accident.

Defendant disputed plaintiff's injuries. Defendant contended the low speed, minor impact, bumper tap did not cause any injuries to plaintiff, especially the need for any surgery. Defendant also called into question plaintiff's credibility given her inconsistent statements to her own expert Dr. Gerald Alexander regarding her pre-existing conditions and her subjective complaints post-accident. Defendant further argued that plaintiff failed to disclose to the defense and her own medical expert Dr. Alexander a second accident two and half years after the subject accident in which plaintiff was rear-ended at a high rate of speed while at a complete stop.

Settlement Discussions

Defendant served a CCP 998 in the amount of $20,000 in July 2014. Plaintiff never moved from her $100,000 policy limits demand.

Damages

As a retired disabled veteran, plaintiff treated at the VA Hospital and incurred $116,000 in past medical specials for in home care and the two level fusion surgery. She also claimed the need for another cervical fusion surgery at an estimated cost of $70,000-$80,000. Plaintiff asked the jury for over $200,000 in general damages.

Injuries

Plaintiff alleged injuries primarily to her neck and lower back from the accident. She underwent a two level cervical fusion surgery approximately six months after the accident, alleging the accident caused the need for the surgery. Defendant presented evidence of long-standing, pre-existing conditions and degeneration related to plaintiff's neck and lower back going all the way back to 1997. Defendant argued that the low speed, minor impact accident was not a substantial factor in causing plaintiff's alleged injuries, but rather it was inevitable that plaintiff would have required surgery given her long standing pre-existing conditions, history of chronic pain, and significant and documented degeneration of the cervical spine.

Result

Defense verdict.

Other Information

EXPERT TESTIMONY: Dr. Gerald Alexander, M.D., testified that plaintiff sustained injuries to her neck and lower back as a result of the accident. He opined that plaintiff's need for her two level cervical fusion surgery was caused by the accident. He also opined that plaintiff required a second cervical fusion surgery, also resulting from the accident. Dr. Alexander agreed that plaintiff had pre-existing degeneration and apportioned 2/3 of her injuries to the accident, and 1/3 to the pre-existing degeneration. He opined that the $116,000 in past medical specials was reasonable and necessary, and the second cervical fusion surgery would cost approximately $70,000-$80,000. Dr. Jeffrey Bounds, M.D., opined that the accident did not cause plaintiff's need for surgery based on the medical evidence and plaintiff's long history of pre-existing conditions and the degenerative nature of plaintiff's cervical spine. Dr. Bounds agreed to the reasonableness of the past and future medical specials. William Sommers testified regarding the minimal force exchanged between the vehicles and that the delta-V involved in this accident was less than 2.5 mph, which is less than walking speed. Dr. Kerry Knapp testified that based on the forces involved and the low speed minor impact that plaintiff did not sustain any injuries from this accident. FILING DATE: April 19, 2013.

Deliberation

two hours

Poll

10-2 (causation)

Length

six days