Facts

On July 2, 2007, at approximately 6 a.m., plaintiff James Pitt, 29, a college art teacher, was driving to work, eastbound on Highway 116 in Sonoma. A collision occurred when a parking lot power sweeper, operated by defendant Javier Montiel Cid, driving westbound on Highway 116, crossed over the double line and struck Pitt's vehicle.

Pitt sued Cid, as well as defendant Charles Pozzi Jr., his employer and owner of the sweeper, doing business as Santa Rosa Power Sweeper.

PLAINTIFF'S CONTENTIONS:
Pitt alleged Cid was negligent in the operation of his vehicle. He further alleged Pozzi Jr. was vicariously liable for Cid's actions. Plaintiff contended that he suffered orthopedic injuries, chronic pain, post-traumatic stress disorder, and a mild traumatic brain injury with permanent cognitive impairments with significant impact on plaintiff's vocational and social functioning.

DEFENDANT'S CONTENTIONS:
Defendants did not dispute that Cid was in the course and scope of his employment with Santa Rosa Power Sweeper at the time of the accident, nor did they dispute that Cid was negligent in causing the accident by crossing the double yellow lines and striking the vehicle driven by Pitt. The defense disputed that Pitt suffered a traumatic brain injury and any impairment to plaintiff's cognitive functioning, and also disputed the nature and extent of his physical injuries and any impairment to his vocational and social functioning.

Settlement Discussions

Plaintiff demanded $1 million. Defendants made a CCP 998 offer of $510,000.

Specials in Evidence

$64,359 At the time of the accident, Pitt was teaching at an art college. He missed a year of work. He testified that at the time of the collision, he was planning to change his employment to teaching art in private high schools, where he would have increased income, but that now because of his injury, he can only teach part time at the art college. He had obtained a 10-week job at a private high school just before his injury. Pitt sought to recover $125,551 lost earnings. $1,715,977 $126,213

Damages

Plaintiff asked the jury to award damages of $3 million. Defendants asked the jury to award damages in the range of $250,000 to $300,000.

Injuries

Pitt suffered a comminuted greater tuberosity humerus fracture that could not be treated with an open reduction surgery on the day of the accident for fear of infection and bilateral rib fractures, so they waited until the lacerations and the fracture healed. On Oct. 24, 2007, he had a capsular release surgery. His treating orthopedic surgeon opined that he would require an arthroscopic rotator cuff repair in about 10 years. Plaintiff claimed chronic pain in his arm and ribs. He was referred to a psychologist, who diagnosed and treated him for post-traumatic stress disorder. After moving from Sonoma to San Francisco, another psychologist continued to treat him. The first psychologist thought Pitt might have traumatic brain injury and recommended a neuropsychological evaluation. Pitt was evaluated by neuropsychologist, who concluded that he did have a traumatic brain injury. Although he scored over the 90th percentile in verbal comprehension, scores reflecting short term memory, working memory and executive function were in the average (25th to 75 percentile) range, except for a few outliers that were higher or lower. Plaintiff's neuropsychologist opined that the fact that all scores were not in the 90th percentile range reflected traumatic brain injury. The defense contended that Pitt did not suffer a concussion/traumatic brain injury in the accident, and could return to work as a teacher and artist within 12 months of the accident, so he had zero future lost earnings. Defendants' expert neuropsychologist and neurologist/psychiatrist contended that Pitt did not sustain a concussion/traumatic brain injury in the accident based on both the results of all of the neuropsychological testing, as well as the detailed examinations of Pitt performed by the EMT Doug Butler and two ED doctors, who all testified that Pitt did not suffer a loss of consciousness, or an alteration of consciousness as a result of the accident, and did not show any signs of amnesia or confusion during the almost six and half hours they treated and observed him. Defendants' experts diagnosed Pitt with a somatoform disorder where he exaggerated and embellished his subjective complaints of cognitive impairments and physical limitations. The defense contended that this diagnosis was supported by the clinical interviews. The defense contended that there were several significant examples of Pitt exaggerating his complaints or failing to tell his retained experts about his level of functioning and work as an artist after the accident, but before they examined him. Defendants argued that they discovered Pitt's post-accident work as an artist and his level of functioning by internet searches prior to trial. Defendants agreed that the accident caused Pitt's orthopedic injuries and post-traumatic stress disorder which had largely resolved within twelve months of the accident and that he was unable to work during those twelve months. Plaintiff's medical expert testified that a concussion was necessary to a diagnosis of traumatic brain injury. The emergency room doctors testified that he did not have a concussion. Both plaintiff's and defendant's medical experts agreed that Pitt suffered post-traumatic stress disorder. All agreed that he would improve over time. Pitt's treating psychotherapist thought he would need about five years for additional therapy. Defendant's expert psychiatrist opined that plaintiff had already mostly recovered from his PTSD but that he would benefit from two years of additional therapy to assist with his depression and somatoform disorder.

Result

Plaintiff's verdict for $557,237 ($55,750 past lost earnings; $64,359 past medical expenses; $250,000 past non-economic loss; $40,000 future medical expenses; $125,000 future non-economic loss; and, $22,128 recoverable costs).

Other Information

MEDIATOR: Vivien B. Williamson. FILING DATE: Sept. 29, 2008.

Deliberation

3.5 hours

Poll

11-1 (for plaintiff)

Length

14 days