Facts

On Oct. 22, 2002, plaintiffs Peter Shield, 60, and John Shield, 61, were in a vehicle on Highway 111 in Palm Desert, when they were rear-ended by a vehicle driven by defendant Christopher Tucker. The Shields were stopped at a red light in a sedan when the six-wheel truck driven by Tucker and owned by his employer, New Desert Produce Inc., hit them and caused the sedan to lurch forward into a pick-up truck. The force of the impact caused severe damage to the passenger seat and caused the back window to shatter; the vehicle was deemed a complete loss. The Shields were taken to Eisenhower Memorial Hospital by ambulance for treatment.

The Shields filed suit against Tucker, New Desert Produce and its owner, Lawrence Anthony, for negligence.

Tucker and Anthony accepted their liability at trial commencement and were subsequently dismissed.

PLAINTIFFS' CONTENTIONS:
The Shields contended that their injuries and the damage to the car were solely caused by the negligent actions of Tucker and New Desert Produce, as respondeat superior.

Settlement Discussions

The defendants made a C.C.P. section 998 offer of $20,000 to each plaintiff to counter Peter Shield's C.C.P. section 998 demand of $40,000 and John Shield's demand of $148,000.

Specials in Evidence

$33,040.51 $20,000

Damages

Peter Shield sought $70,000 in damages, which included $6,818 in medical expenses, $20,000 in lost wages, as well as pain and suffering. John Shield sought $500,000 in damages, which included $26,222 in medical expenses.

Injuries

Peter Shield suffered injuries, which included three fractured ribs and neck/back strain. John Shield suffered injuries, which included cervical radiculopathy resulting in partial numbness in the left hand and exacerbation of a decompression of the left shoulder. John Shield received trigger point injections and two epidural injections in the neck; future neck surgery was possible.

Result

The jury found for Peter Shield in the amount of $44,319 and John Shield in the amount of $255,422. The award for Peter Shield represented $6,818 in past medical expenses, $12,500 in past lost wages, and $25,000 in past pain and suffering. The award for John Shield represented $26,222 in past medical expenses and $229,200 in past and future pain and suffering.

Other Information

Insurer: Golden Eagle Insurance Company is the insurer for all defendants.

Deliberation

five hours

Poll

12-0

Length

four days