Facts

Plaintiff Andreas Moussouras, 52, sued defendants after his truck was rear ended by a vehicle driven by Grant Gordon and owned by Norman Gordon.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was parallel parking when Grant struck the rear, left corner of his vehicle while attempting to pass him. Plaintiff contended that Grant negligently operated his vehicle and that Norman was vicariously liable.

DEFENDANTS' CONTENTIONS:
Defendants admitted liability but argued that plaintiff's shoulder injury was pre-existing, likely due to his age and work as a contractor.

Settlement Discussions

Plaintiff made a CCP Section 998 demand for $74,000 and the defense made a CCP Section 998 offer for $30,000.

Injuries

Plaintiff claimed he suffered a torn tendon in his right shoulder that ultimately required surgery to repair. He also claimed that he still suffered from pain and numbness post-surgery.

Result

The jury found that Grant's negligence was a substantial factor in causing plaintiff's injury but that the collision was not the proximate cause of plaintiff's surgery. Therefore, it calculated that plaintiff's damages totaled $658.

Other Information

FILING DATE: Sept. 22, 2014.