Facts

On Feb. 13, 2003, plaintiff Danny Williams, 58, was stopped in traffic behind a truck in the number two lane of the off ramp to Sepulveda Boulevard in Norwalk from State Route 118 westbound when he was suddenly rear ended by defendant David L. Evans. The force of the impact caused the plaintiff's vehicle to be pushed forward striking a second vehicle. Property damage was approximately $1,400.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant Evans caused this collision by violating California Vehicle Code section 22350, unsafe speed for traffic conditions. The plaintiff claimed that liability should be apportioned 100 percent to defendant Evans.

DEFENDANT'S CONTENTIONS:
Counsel for defendant Evans accepted liability, however they contested the extent of the injuries and damages sustained by the plaintiff. They contested that the injuries were related to a previous industrial injury.

Specials in Evidence

$259,521 (workers' compensation lien).

Injuries

The plaintiff suffered industrially-related MRI proven instability at L4-5; severe stenosis at L3-4 and L4-5; deformity at L4-5 and spondylolisthesis. The plaintiff underwent the following procedures: anterior retroperitoneal partial vertebrectomy at L4; anterior lumbar retroperitoneal partial vertebrectomy at L5; open reduction, anterior slip, L4-5 spondylolisthesis; anterior interbody arthrodesis at L4-5, using combination of autologous bone allograft, as well as infused biologic; anterior lumbar retroperitoneal application of biologic infuse; and continuous intraoperative fluoroscopy.

Other Information

FILING DATE: Feb. 14, 2005.