Facts

In the early morning hours of Oct. 21, 2003, Plaintiff pulled his pickup truck off onto the shoulder of Interstate 80 to check a mechanical problem. While laying under the truck a semi tractor-trailer driven by King and owned by USF Bestway crossed onto the shoulder and struck the pickup at freeway speed.

Liability was admitted. The primary issue was the nature and extent of plaintiff's injuries and claimed disability.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he sustained permanently disabling shoulder, neck and back injuries, facial scarring and post traumatic stress disorder. He has not returned to work. His doctors believe he will need neck and back surgery. He already had shoulder surgery. He argued for past medicals of $53,045.53; future medicals of $270,000; past income loss of $78,232; future income loss of $513,741; non-economic damages of $576,000 (total $1,491,018.53).

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff's injuries mostly resolved and that he is not disabled. Defendants' expert orthopedic surgeon testified that plaintiff did not need neck or back surgery described by Dr. Orisek and that the shoulder surgery failed to demonstrate injury.

Settlement Discussions

Plaintiff demanded $800,000; defendant offered $152,000

Damages

Defendants recommended a verdict of $58,311.69 based upon past medicals of $13,592.69; past income loss of $19,719 and non-economic damages of $25,000.

Injuries

Permanently disabling shoulder, neck and back injuries, facial scarring and post traumatic stress disorder.

Result

The jury awarded past economic damages of $38,610; past non-economic damages of $50,000 and future non-economic damages of $25,000. EXPERT TESTIMONY: Dr. Orisek testified that plaintiff required cervical and lumbar surgery as a result of the accident. Drs. Brooker & Roeder testified that plaintiff suffered PTSD as a result of the accident. Dr. Khasigian testified that plaintiff did not need neck and low back surgery and that the shoulder surgery failed to find injury

Other Information

Motions to tax costs granted Defendants served a C.C.P. Section 998 offer in the amount of $152,000 with an indication at prior mediation that they would pay more. Plaintiff sought $800,000 in settlement. As a result of beating the offer, the judgment was reduced to a net $87,904.73. Judgment satisfied.

Deliberation

three hours

Poll

12-0 economic damages; 10-2 non-economic damages

Length

seven days