Facts

On July 11, 2005, plaintiff Bruce Parker, 45, was a passenger in the front seat of a vehicle driven by plaintiff Naomi Verdone, 40. Verdone was driving out of a parking lot when her vehicle was struck by defendant John Burns. Parker was recovering from knee surgery, which he had undergone only three weeks prior to the incident. Parker and Verdone filed suit for motor vehicle negligence. Burns admitted liability.

PLAINTIFFS' CONTENTIONS:
Verdone and Parker contended that Burns was completely at fault for the resulting injuries from the accident.

DEFENDANT'S CONTENTIONS:
Burns countered that the injuries were either pre-existing or in excess of what would normally be caused by such an accident.

Settlement Discussions

Plaintiff made a C.C.P. section 998 offer of settlement in the amount of $100,000, which defendant countered with an C.C.P. section 998 offer of $6,952.

Specials in Evidence

$78,000 $680,000 $120,000

Damages

Parker sought damages in the amount of $78,000 for past medical expense, $120,000 for future medical expenses, and $680,000 in past and future lost wages. Parker also sought an unspecified amount in non-economic damages.

Injuries

Parker claimed aggravation of his knee injury.

Result

The jury found in favor of Burns.

Other Information

INSURER: State Farm insured Burns.

Poll

12-0

Length

five days