Facts

Steven Rempell and Marcia Rempell sued Robert Hoffman and O.C. Jones and Sons Inc. in connection with a multiple-vehicle accident that allegedly occurred on Nov. 29, 2011, at approximately five in the afternoon.

PLAINTIFFS' CONTENTIONS:
Steven Rempell was driving his vehicle behind a pickup truck while travelling along the number two lane of Highway 101 in San Rafael. The traffic ahead of him stopped, and as plaintiff was stopped two feet behind the pickup truck, another pickup truck rear-ended him. Plaintiff alleged that the impact pushed him into the pickup truck in front of him. Plaintiff sustained injuries as a result and sued the driver of the second pickup truck, defendant Hoffman, and the owner of the pickup truck, O.C. Jones for negligence and vicarious liability. Plaintiff claimed defendant driver was driving too fast to avoid the collision.

DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of Rempell's claimed injuries.

Settlement Discussions

The Rempells made a CCP 998 demand of $2 million, which defendants countered with a CCP 998 offer of $250,000.

Damages

Rempell, an inventor and software developer, claimed his traumatic brain injury interfered with his ability to invent new things and his business. He claimed to have lost over $16 million in business, and requested $12 million in loss of income; $3.9 million in lost profits; $65,000 in past medical expenses; $12.9 million in lost earning capacity; and $16.8 million for past and future pain and suffering. His wife, Marcia, sought $1 million in damages for loss of consortium.

Injuries

Rempell claimed a concussion and back sprain. He claimed to have suffered from traumatic brain injury, back issues, and cataracts that resulted in double vision. He also claimed to have aggravated the arthritis in his shoulders and suffered from sexual dysfunction. He later underwent multiple surgeries, including a cataract surgery in his right eye. However, despite the surgeries, he claimed he continued to experience issues in connection with the accident. He also claimed he suffered depression, memory loss, and personality changes.

Result

The jury found defendants liable for the accident, and awarded Steven Rempell $26,775, which included $10,710 for past medical expenses and $16,065 for past non-economic loss.