Facts

Plaintiff Kent Smith alleged that defendant Regina Samsel, while in the course and scope of her employment with Lindlear Corporation, drove negligently and caused an accident that injured Plaintiff. Specifically, Samsel made an unsafe left turn in front of Plaintiff's oncoming vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Samsel was careless and did not pay attention to oncoming traffic.

DEFENDANT'S CONTENTIONS:
Samsel denied liability and alleged that she made her turn on a green arrow.

Settlement Discussions

The defense offered $36,760 (based on 50-50 liability) via CCP 998 on July 8, 2011.

Damages

Plaintiff contended he needed surgery and lifetime medicals. Based on these assumptions, he asked the jury for $947,000.

Injuries

Plaintiff suffered a 5 millimeter disc herniation at T2-L1. Plaintiff sprained his neck and shoulders, which were fully healed after treatment with a chiropractor. However, he had residual problems with his mid-back and sacroiliac joints. He received two shots to each of his joints, which the defense orthopedist contended were unnecessary.

Result

Plaintiff's verdict for $353,800.

Other Information

Plaintiff was assessed 30 percent comparative fault, which will reduce the amount of the verdict from $353,800 to $247,660. Prior to trial, Plaintiff offered to dismiss Lindsey Wagner. However, Plaintiff was unable due to Wagner's carrier's unwillingness to enter into stipulation regarding coverage preservation.

Deliberation

1.5 days

Length

eight days