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.
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