Facts

On Sept. 12, 2006, plaintiff John Joseph Caron, 87, was driving on Buena Vista Avenue in Glendale, when a truck driven by defendant Scott Allen Duncan hit him. Duncan broadsided Caron while backing out of a driveway and forced Caron's car into two parked cars.

Caron filed suit against Duncan and his company, Duncan Plumbing Co.

The defendants admitted liability.

PLAINTIFF'S CONTENTIONS:
Caron contended that all the injuries were a direct result of Duncan's negligent use of his vehicle.

DEFENDANTS' CONTENTIONS:
Duncan countered that Caron's injuries pre-existed the accident.

Settlement Discussions

Caron made a settlement demand of $250,000, which Duncan countered with the amount of $110,000.

Specials in Evidence

$36,000 $100,000

Damages

Caron claimed damages in the amount of $36,000 for past medical expenses and $100,000 for future medical expenses.

Injuries

Caron suffered injuries, including torn skin on his left arm, post traumatic concussion syndrome, bilateral torn rotator cuffs, carpal tunnel and cubital tunnel syndrome, as well as exacerbation of left knee injury, which required a total knee replacement.

Result

The jury found for Caron in the amount of $44,042, which included $15,767 for past medical expenses, $9,378 for future medical expenses, $3,297 for future loss of services, $10,600 for past pain and suffering, as well as $5,000 for future pain and suffering.

Deliberation

one day

Poll

12-0

Length

four days