Facts

On Nov. 6, 2006, plaintiff John Marinez was involved in a motor vehicle accident in San Diego at the intersection of Armour and Mercury Street. Marinez sued defendant Commercial Fleets Services, the owner of the other vehicle involved, alleging motor vehicle negligence and vicarious liability. Commercial Fleet admitted liability and the case proceeded to trail for damages only.

PLAINTIFF'S CONTENTIONS:
Marinez claimed the Commercial Fleet employee ran a red light at the intersection, broadsiding Marinez's truck and causing the injuries described below.

DEFENDANT'S CONTENTIONS:
Commercial Fleet admitted liability but disputed the nature and extent of the injuries. The fusion surgery, they claimed, was unrelated to the subject accident.

Settlement Discussions

Marinez demanded $250,000. Commercial Fleet offered $225,000.

Damages

Marinez claimed economic damages for having missed two weeks of work after the accident and three more months after the surgery. He claimed damages for past and future medical costs, pain and suffering, and lost wages.

Injuries

Marinez claimed aggravation of degenerative disc disease at C4-5 and C6-7. He was treated at an ER and later by his orthopedist. Two years later, he had a fusion surgery at C4-5. The surgery, although successful, left him with cervical discomfort.

Result

The jury awarded Marinez $596,229 ($100,069 for past medical, $25,000 for future medical, $40,000 for past lost earnings, $150,000 for past pain and suffering, and $281,160 for future pain and suffering). As consideration for Commercial Fleet admitting liability, Marinez agreed to cap any award at $500,000, the insurer's policy limit, to be reduced to a settlement.

Deliberation

three hours

Poll

11-1

Length

four days