Karen Watson-Wiley v. Joshua Willingham, Jerry Lee Lucas, Lucas Electric
Published: Mar. 7, 2004 | Result Date: Nov. 9, 2003 |Case number: 249004RJA Verdict – $377,341
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Karen Watson-Wiley, 31-year-old emergency medical technician, was driving her Chevy Chrysler van northbound on Renfro Road. She approached the Hageman Road intersection where she did not have a stop sign and proceeded through the intersection at 40 mph. At the same time, defendant Joshua Willingham, who was driving a Ford truck, was stopped at a stop sign on westbound Hageman. He then made a left turn in front of plaintiff's van which struck the Ford. At the time of the accident, defendant was in the scope of his employment with Lucas Electric.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $199,000. Defendants' offer at a mandatory settlement conference was $5,000; the offer was increased to $75,000 C.C.P. Section 998 10 days before trial.
Specials in Evidence
$21,534 $43,755 $112,270 $6,000
Damages
The plaintiff sought pain and suffering damages of $350,000.
Injuries
The plaintiff claimed she suffered a lower back injury resulting in pain. She took several weeks off work as an emergency medical technician. She claimed that although her lower back still hurt and she was on medication, the pain improved during her time off. After three days back at work and after lifting a patient, her lower back completely went out. The plaintiff claimed the pain was in the same location. A neurosurgeon opined that the accident caused some weakening to her disc at L4-5 that became herniated when she lifted the patient. She underwent an L4-5 microdiscectomy. The defendants contended that plaintiff's injuries resolved after the accident and that her herniated disc was the result of a lifting injury.
Result
The jury found in favor of plaintiff and awarded $377,341. After trial, the case settled for $390,755.
Deliberation
four hours
Poll
11-1 (negligence), 10-2 (causation), 9-3 (past economic), 10-2 (future economic), 11-1 (past non-economic), 10-2 (future non-economic)
Length
four days
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