Facts

Thomas Collins sued Zenaida Ortega, in connection with a motor vehicle crash that allegedly occurred on Feb. 15, 2013.

PLAINTIFF'S CONTENTIONS:
Plaintiff was driving his vehicle on southbound John Hay Hopkins Dr. in San Diego when defendant made a left turn in front of him, causing a collision. Plaintiff was injured as a result thereof and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claimed injuries, attributing plaintiff's neck pain to a degenerative condition. Defendant attributed plaintiff's claimed cognitive issues to his pre-existing anxiety condition and others.

Settlement Discussions

Collins made a CCP 998 demand of $159,999, which Ortega countered with a CCP 998 offer of $40,000.

Damages

Collins claimed he needed decompression and fusion surgery in his spine at a cost of $132,000. He also claimed the need for a neck surgery in the future. Overall, Collins sought $12,887 in past medical expenses; $132,000 in future medical expenses; $1,176 in past lost earnings; and $12,000 in future lost earnings. He also requested $200,000 in noneconomic damages and $550,000 in future noneconomic damages.

Injuries

Collins allegedly suffered a concussion as well as a herniated disc in his spine. Thereafter, he suffered from persistent neck pain, which he then treated with physical therapy. Collins also claimed he suffered post-concussion syndrome months after the collision, during which, he suffered from, inter alia, dizziness, headaches, confusion, blurred vision, and other cognitive issues.

Result

The jury found that Ortega's negligence was a substantial factor in causing Collins' harm. It therefore awarded Collins $203,663 in total damages, including $12,887 in past medical expenses, $75,000 in future medical expenses, $1,176 in past lost earnings, $9.600 in future lost earnings, $55,000 in past pain and suffering, and $50,000 in future pain and suffering.

Other Information

FILING DATE: Dec. 10, 2014.