Facts

Caton State sued John Skarr and Douglass Skarr in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was rear-ended by a vehicle driven by John Skarr and suffered injuries as a result of the collision. As such, plaintiff sued John Skarr and the owner of the vehicle, Douglas Skarr, for negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
The defense argued that plaintiff's surgery was a success and that plaintiff did not suffer any limitations or restriction following the surgery. The defense also disputed the extent of plaintiff's claimed loss of income damages.

Settlement Discussions

State demanded $3.5 million in settlement. State countered with a CCP 998 offer of $600,000.

Damages

State requested $140,000 in medical expenses, $550,000 in future medical expenses, and more than $6 million in past and future loss of income. He also sought past and future pain and suffering damages.

Injuries

State claimed injury to his spine and had to undergo a disc replacement years after the accident. Despite the surgery, he claimed he continued to experience pain and has had to cut back on his regular periodontist practice and work as an independent contractor.

Result

Douglas Skarr was later dismissed from the case. Ultimately, the jury found John Skarr liable and awarded State more than $3.6 million in damages, which included $140,488 in past medical expenses, $450,000 in future medical expenses, $300,593 in past lost earnings, $1,072,828 in future lost earnings, and $400,000 in past non-economic damages.