Facts

Bruce Berkan and Kate Kjelsrud Berkan sued Nicholas Demuth relating to an automobile accident that occurred on December 27, 2011.

PLAINTIFFS' CONTENTIONS:
As Bruce Berkan was driving with his family, he encountered traffic and came to a stop. Plaintiff contended that when he stopped defendant Nicholas Demuth, who was traveling at approximately 35 miles per hour, rear-ended him. The collision caused Berkan's vehicle to hit the van in front of it. Berkan sued Demuth, alleging negligent vehicle operation.

DEFENDANT'S CONTENTIONS:
Demuth admitted liability but contested Berkan's injuries.

Settlement Discussions

Berkan made a CCP Section 998 demand for $349,999 and defense made a CCP Section 998 offer of $7,540.

Damages

Berkan claimed $131,000 for past medical expenses and $270,000 for non-economic damages.

Injuries

Berkan was treated by his primary-care physician 37 days after the accident, who referred him to physical therapy. In February 2012, he was diagnosed with tears in the rotator cuffs of both shoulders. In May 2014, an orthopedist diagnosed Berkan with full-thickness tears in both cuffs, for which Berkan underwent surgery to repair.

Result

The jury awarded Bruce Berkan $7,500 for past pain and suffering.

Other Information

FILING DATE: Dec. 17, 2013.