This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

John Doe v. Roe Company, Roe Driver

Published: Mar. 3, 2012 | Result Date: Nov. 30, 2011 | Filing Date: Jan. 1, 1900 |

Settlement –  $500,000

Court

JAMS


Attorneys

Plaintiff

Jeffrey A. Milman
(Hodes Milman Ikuta LLP)


Defendant

Michaela B. Sozio
(Tressler LLP)


Experts

Plaintiff

Jeffrey Gross
(medical)

Kelly Nasser RN, GNP, CNLCP
(medical)

Facts

On Aug. 5, 2008, plaintiff was involved in a rear-end automobile crash when he was stopped at a red light. The vehicle sustained approximately $4,000 in property damage, and the police report was favorable to plaintiff. As a result, the parties stipulated to liability.

At the time of the incident, plaintiff was already on total disability from a prior failed back surgery.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that this incident was a substantial factor in causing additional disability.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff was already on total disability; that nowhere in the Cedars-Sinai records was the car crash a substantial factor and, in fact, the true cause of his need for surgery was a failed prior back syndrome.

Settlement Discussions

Plaintiff demanded $1 million policy limits. Defendants offered $100,000.

Damages

Plaintiff claimed that his future medical expenses include approximately $200,000. A Medicare lien for approximately $30,000 was present for the Cedars-Sinai surgeries.

Injuries

Plaintiff claimed the need for a C6-7 foraminotomy at Cedars-Sinai Medical Center. Subsequently, on Jan. 5, 2011, plaintiff also underwent a C3-6 posterior spinal fusion with instrumentation. Plaintiff claimed that there was the possibility he would need an additional surgery on his knee and possibly his lumbar back.

Result

The case settled confidentially for $500,000.


#111278

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390