Facts

Plaintiffs Kendall Joseph Marsh and Joshua David Green, an owner of a San Diego plumbing company and his employee, were the occupants of a pickup truck waiting at a stop light that was struck from behind by a truck hauling a scissor lift.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended they suffered multiple injuries as a result of the collision. Plaintiffs claimed the defendant driver was negligent in the operation of the truck.

DEFENDANT'S CONTENTIONS: Defendants stipulated that they were negligent in the operation of the truck, but argued that the need for surgery, to the extent there was any need, was not causally related to the collision.

Settlement Discussions

Defendants offered $600,000 to Marsh and $400,000 to Green by way of CCP 998 offers. Defendants offered a high/low during trial of $2 million / $450,000. Plaintiffs rejected that offer. Plaintiffs offered a high/low during trial of $6 million / $1.9 million. Defendants rejected the offer.

Damages

Marsh claimed he incurred $600,000 in recoverable medical bills over a 24-month course of care. The parties stipulated that Marsh was disabled as a result of the surgeries and is unable to resume his career as a plumber. Marsh argued that he faces significant obstacles to future employment beyond sedentary jobs due to the disabilities. Marsh claimed past and future lost wages of $1.3 million. Green claimed he incurred $385,000 in past medical bills and sought an additional $245,000 for a future surgery due to adjacent level deterioration at L4-5. He also sought $700,000 in lost earning due to limits on his ability to continue working as the owner of his plumbing company. Plaintiffs requested the jury award $11.8 million.

Injuries

Marsh underwent a multi-level anterior approach cervical discectomy, disc replacement and fusion at C3-4, C4-5 and C5-6. Marsh underwent an anterior approach L5-S1 total disc replacement. He denied any history of neck or back injuries prior to the collision, and the treating orthopedist attributed the need for the surgeries to the collision. Green underwent an anterior approach L5-S1 lumbar fusion and disc replacement. Green denied any history of prior back injuries, and the treating orthopedist attributed the need for surgery to the collision. Defendants argued that x-rays, MRIs and CT scans taken over the course of the 18 months after the collision showed degenerative changes in plaintiffs' spines, as opposed to acute changes attributable to the collision. Defendants further argued that the medical billings were not reasonable.

Result

The jury found in favor of the plaintiffs and awarded them $143,623. Marsh was awarded $76,849 in medicals, $3,100 in past lost earnings, and $10,000 for general damages, for a total of $89,849. Green was awarded $45,774 in medicals, $3,000 in past lost earnings, and $5,000 for general damages, for a total of $53,774.