Facts

Robert Whitelaw sued Joshua A. Holtzman and Therese Funk relating to an automobile accident.

PLAINTIFF'S CONTENTIONS:
On November 19, 2010, Robert Whitelaw was driving approximately 60 miles per hour on the Ventura Freeway in Los Angeles when his vehicle was struck from behind by a vehicle operated by Joshua A. Holtzman, who had been traveling at least 130 miles per hour. The collision caused Whitelaw's vehicle to spin and crash into the concrete center divider. Whitelaw declined medical treatment at the scene. Holtzman was arrested at the scene and made a plea of no contest to driving under the influence. Whitelaw sued the owner of the vehicle Holtzman was driving, Therese Funk, for negligently entrusting her vehicle with Holtzman, and Holtzman for negligent operation of the vehicle.

DEFENDANT'S CONTENTIONS:
Holtzman conceded liability but disputed Whitelaw's claimed injuries.

Settlement Discussions

Whitelaw made a demand for $699,999, which was withdrawn before expiration, and defense made a CCP Section 998 offer of $200,000.

Injuries

Whitelaw's claimed injuries included pain to his back, left shoulder, head, and left knee, as well as numbness in the fingers of his left hand. He claimed the injury aggravated a pre-existing back condition, causing spinal stenosis of the lumbar spine and may have caused or aggravated osteoarthritis in his knee. He claimed he sometimes requires a cane to walk. He also claimed that he would need a total knee replacement, a lumbar fusion, and epidural injections.

Result

Funk was dismissed from the case. The jury awarded Whitelaw $50,000 for non-economic damages, $10,000 for future medical costs, and $10,125 for past lost earnings, for a total award of $70,125.

Other Information

Whitelaw plans to appeal. FILING DATE: Nov. 14, 2012.