Facts

On Dec. 7, 2011 at 7 p.m., both plaintiff Noel Gordon and defendant Randy Osenbaugh were traveling on the 405 freeway in Carson. Plaintiff was traveling in a 2012 Mercedes Benz C250, while defendant was in a 1995 Mercedes Benz E320. The front of defendant's vehicle collided with the rear of plaintiff's vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant was at fault for rear-ending him.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's injuries. He alleged that the impact was very light with minor property damage and that plaintiff appeared uninjured at the scene of the impact.

Settlement Discussions

Plaintiff made a CCP 998 demand of $100,000. Defendant made a CCP 998 offer of $20,000.

Specials in Evidence

$8,277 $140,000

Damages

Plaintiff's vehicle sustained damage totaling $841.

Injuries

Plaintiff was treated at an urgent care the day after the collision with complaints of neck and back pain. He eventually underwent physical therapy and multiple orthopedic consultations. An MRI of the cervical spine revealed a 4-millimeter disc protrusion C6-7. He was recommended to undergo an epidural, which he refused. He was also determined to be a candidate for a cervical surgery that cost $140,000, which he had not yet undergone.

Result

The jury found defendant 100 percent at fault. Plaintiff was awarded $8,277 for past medical expenses, $140,000 for future economic loss, $25,000 for past non-economic loss, and $0 for future non-economic loss, for a total of $173,277.

Other Information

EXPERT TESTIMONY: Plaintiff's expert Dr. Fardad Mobin confirmed that plaintiff's disc protrusion was caused by the collision and that he was a surgical candidate. Plaintiff's accident reconstruction expert Thomas Szabo opined that there was a speed change of 3-5 mph. Defendant's accident reconstruction expert William Sommers opined that the speed change, delta V, of plaintiff's vehicle was 1.6 mph. The defense expert Dr. Ronald Kvitne, M.D., confirmed that plaintiff was injured but that his injuries were minor and did not require surgery. POST-TRIAL: Plaintiff has filed a motion for fees and costs, and defendant has filed a motion to tax costs. Defendant has filed a motion for new trial.

Deliberation

2.5 hours

Length

four days