Facts

Allen Twersky was stopped on the off-ramp of the 605 Freeway in Whittier on Jan. 27, 2009, when he was rear-ended by a vehicle operated by Steve Escobar. Neither plaintiff's nor defendant's car was damaged.

PLAINTIFF'S CONTENTIONS:
Twersky filed suit against Escobar, alleging motor vehicle negligence.

DEFENDANT'S CONTENTIONS:
Escobar conceded liability, but disputed Twersky's injuries. Escobar contended that Twersky's injuries occurred before the accident.

Damages

Plaintiff had $13,000 in past medical bills and initially requested $70,000 for two future surgeries. At the time of trial, he dropped his demand for future surgery to $24,000.

Injuries

Plaintiff initially claimed disc bulges of 8 mm at L3 - 4, 5 mm at C5 - 6, 4 mm at T7 - 8, 3 mm C6 – 7, 2 mm at C3 -4. Defendant contended that, during discovery, records were found that indicated these findings were there for several years prior to the loss. Shortly after the accident, the plaintiff had an MRI which had a signal intensity that suggested a torn rotator cuff. The IME record review said the finding on the MRI did not support a rotator cuff injury so one month prior to trial the plaintiff got another MRI of the shoulder at an upgraded center but the newer technology definitively ruled out a tear. At the time of trial, plaintiff's medical experts offered a completely new diagnosis of progressive adhesive capsulitis.

Result

The jury rendered a verdict for the defense.

Other Information

Plaintiff argued for $85,000 at trial; Defendant argued for $0.00. Plaintiff's 998 offer was for his policy limit of $25,000. Defendant's 998 offer was for $9,380.00.

Deliberation

50 minutes

Poll

12-0

Length

four days