Timothy Friese Sr., Joann Friese v. County of Sacramento, Andrew Wyant
Published: Oct. 25, 2008 | Result Date: Jul. 2, 2008 | Filing Date: Jan. 1, 1900 |Case number: 06AS03251 Verdict – $4,500,010
Court
Sacramento Superior
Attorneys
Plaintiff
John N. Demas
(Demas Law Group PC)
Defendant
Carol A. Wieckowski
(Evans Wieckowski Ward & Scoffield LLP)
Experts
Plaintiff
Tushar Goradia
(medical)
Gary D. Nibbelink
(technical)
Charles R. Mahla Ph.D.
(technical)
Ardvan Aslie
(medical)
Defendant
Carol R. Hyland M.A.
(technical)
Kirk A. Blackerby
(technical)
George Picetti
(medical)
Facts
On Nov. 16, 2005, Timothy Friese was driving on Interstate 80 when sheriff Andrew Wyant, driving a vehicle owned by the county of Sacramento, rear-ended Friese's vehicle. Friese brought an action against the county and Wyant, alleging full liability, which the defendants did not dispute.
Settlement Discussions
A demand was made for $1.9 million (C.C.P. section 998) and an offer for $1 million was returned.
Damages
Friese claimed $75,000 in medical expenses, $140,196 in past lost wages and $2,136,868 in future wage loss. He requested $5.5 million from the jury in past and future medical costs, lost wages, and pain and suffering. Joann Friese, the plaintiff's wife, claimed damages for loss of consortium. The defense argued that plaintiff would mitigate his future damages by undergoing a fusion surgery and that he could resume employment. The defense also recommended that the jury award $600,000 to Friese for his injuries.
Injuries
The plaintiff claimed injuries including discectomy, headaches, loss of consortium, lower back injury, lumbar strain, neck injury, radicular pain, and a wrist injury. Plaintiff had four prior back surgeries and underwent surgery after the accident, which did not relieve lower back pain.
Result
The plaintiff was awarded $4,500,007.40.
Other Information
The county's insurer was Self Insured.
Deliberation
5.25 hours
Poll
8-0
Length
eight days
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