Facts

On May 19, 2004, plaintiff Matthew Clifton was driving his 1995 Dodge truck eastbound in the number two lane of Northpark Avenue, approaching its intersection with F Street in San Bernardino. There are no stop signs or other traffic controls for eastbound traffic on Northpark Avenue at this intersection.

Defendant Terri Cortez was driving her 2000 Dodge vehicle southbound on F Street approaching its intersection with Northpark Avenue. Southbound traffic on F Street is controlled by a stop sign at its intersection with Northpark Avenue. Cortez proceeded directly into the path of Clifton's vehicle as it was proceeding eastbound to and through the intersection. Clifton fully applied his brakes in an attempt to avoid the collision. Since there was an insufficient distance between his vehicle and the point of impact when Cortez pulled in front of Clifton's vehicle, he was unable to stop before the collision.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he needed back surgery to address the injuries he sustained in the collision.

DEFENDANT'S CONTENTIONS:
The defendant claimed that she was not negligent. The defendant contended that plaintiff was speeding and that his own negligence was the cause of any injuries he sustained. Further, the medical treatment the plaintiff received was not related to the auto collision; that it was excessive; and that there was no need for future care.

Damages

Plaintiff sought damages totaling $176,150, (past LOE: $4,650, medical costs: $15,500 total economic $20,150, future LOE $6,000, medical expenses $130,000, and general damages (past: $10,000, future: $10,000). Matthew Clifton's wife, Angelina Clifton, claimed loss of consortium.

Injuries

Clifton's injuries from the collision generally include his neck, left shoulder, and lower back with radiating pain and tingling symptoms into his hips and legs. Lower back: herniated disk at L4-5 impinging on nerve root in the spinal column causing radiating pains into the hips and lower extremities; bulging disks at L2-3 and L3-4; right leg sciatica; Left shoulder: left rim-rent tear, left rotator cuff tear, rotator cuff sprain, rotator cuff syndrome, tendonitis along the distal tendon of the supraspinatus muscle. The treatment included physical therapy, epidural steroid injections and future treatment recommended included spinal fusion surgery.

Result

Jury Awarded $176,150 in damages, reduced by 30 percent for plaintiff's contributory negligence.

Other Information

The defendant filed a motion for partial judgment notwithstanding the verdict or remittur and motion for new trial. The plaintiff filed oppositions to both. The court denied defendant's motion for judgment notwithstanding the verdict, and granted defendant's motion for new trial. After this motion was granted, the plaintiff served a C.C.P. section 998 offer on defendant for her policy limits under her automobile insurance, $100,000. The defense accepted this amount, sent plaintiff's counsel payment and the matter was dismissed. FILING DATE: May 10, 2006.

Deliberation

one day

Length

five days