Facts

On April 20, 2007, plaintiff William Tam, a 53-year-old postal worker was driving his 1995 Honda Accord on Oceanside Boulevard, westbound near Rancho Del Oro Drive in Oceanside. Defendant Edgar Silva, a tow truck driver operating a 2004 Ford F650 tow truck, owned by defendant Oceanside Towing, struck the rear-end of Tam's vehicle and caused Tam to collide with another vehicle in oncoming traffic.

Tam filed suit against Silva, for motor vehicle negligence, and Oceanside Towing, for vicarious liability.

PLAINTIFF'S CONTENTIONS:
Tam contended that his injuries were related to the accident.

DEFENDANT'S CONTENTIONS:
The defendants contended that because Tam waited one week to get medical treatment and did not go to the hospital, his injuries were not related to the accident. The defense claimed that Tam declined medical treatment at the scene and that his shoulder surgery was for a degenerative condition. The defendants also contended that under no circumstance was a rotator cuff injury related to accident and neither was there an aggravation of an underlying abnormality of the rotator cuff and that procedure of the rotator cuff and that the rotator cuff tear was not seen on the left shoulder MRI.

The defendants maintained that Tam's neck and back injuries were soft tissue in nature and that the MRIs of the neck and back were not required as a result of the accident.

The defendants finally claimed that charges for medical bills were excessive to those normally expected for similar services.

Silva denied striking Tam's vehicle.

Settlement Discussions

Tam demanded $750,000. The defendant offered $25,000.

Specials in Evidence

Tam worked as a mail handler and carrier for the U.S. Post office were he incurred lost wages approximately $15,000.

Injuries

Tam underwent surgery on his left shoulder for the release of the coracoacromial ligament of the left shoulder and repair of large full thickness tear involving the supraspinatus tendon of the rotator cuff of the left shoulder. He also claimed a lower back herniated disc at L5-S1 and a cervical disc herniation at the C5-6 level. Dr. Eric Korsch recommended Tam undergo an anterior cervical decompression and fusion at C5-6 and an anterior lumbar decompression and fusion at L4-5 at a global cost of $275,000.

Result

Tam and Oceanside Towing reached a settlement.

Other Information

Silva denied responsibility for the collision at the scene and later could not be produced or found.