Facts

In November 2005, plaintiff Rebecca Howell, 47, was involved in a collision with defendant Mick Hamilton, 48. Howell was driving her Ford Explorer while Hamilton was in a delivery truck for defendant Hamilton Meats & Provisions Inc (HM&P). Defendants Hamilton, HM&P, Dion International Trucks LLC, and Juan Saenz admitted liability, causation, damages, as well as pain and suffering. The only issue to be determined by the jury was the amount of non-economic damages to be awarded.

PLAINTIFF'S CONTENTIONS:
Howell contended that the collision caused her injuries.

DEFENDANTS' CONTENTIONS:
The defendants accepted responsibility for the accident. Defendants stipulated to liability, causation and essentially all economic damages. Defendants also admitted thy caused plaintiff's pain and suffering for the three surgeries she underwent. The only issue was how much money plaintiff would receive for past as well as future pain and suffering.

Settlement Discussions

Howell demanded $999,000. Defendants offered $240,000 at mediation. When the trial began, defendants offered $500,000. The settlemetn judge advised the defendants that the award could exceed $1 million.

Damages

Howell sought $1 million total for past and future pain and suffering. Economic damages were stipulated and defendants sought a reduction of past economic damages per Hanif.

Injuries

Howell suffered injuries requiring anterior neck surgery to fuse her C4-C6 vertebrae in January 2006; posterior neck fusion surgery including a bone graft extraction for her C4-C6 vertebrae in November 2006; surgery to relieve complications on the bone harvest site in August 2007; and was advised she would need a neck fusion surgery in the future.

Result

The jury awarded Howell a total of $690,000, which represented $340,000 in medical damages and $350,000 in general damages. The defendants filed a successful post-trial Hanif motion to reduce the award by approximately $130,000 and the final judgment including costs and interest was issued in the amount of $598,233. Howell has appealed the decision.

Other Information

Defendants' insurance carrier was Financial Indemnity Company and their adjuster was Ben Russell.

Length

six days