Confidential

Facts

This is an admitted liability case involving an automobile accident in which the defendant crossed over the double line and hit the plaintiff head-on. The defendant driver had a $100,000 policy an also was covered under a $1 million commercial corporate policy. The defendant driver was in the course and scope of his employment at the time of the accident. The carrier representing the corporate defendant in the middle of litigation contended that there was no coverage and refused to further defend the defendant driver. The carrier representing the individual defendant defended the defendant driver in the arbitration. The defendant admitted liability and agreed to binding arbitration.

Both sides agreed that the Judicial Rules of Arbitration would apply. The plaintiff offered 44 exhibits including reports from the plaintiff's attending orthopedic surgeon, pain management specialists, vocational rehabilitation expert and economist. The defendant also had plaintiff examined by a plastic surgeon, orthopedic surgeon and had reports of their vocational rehabilitation expert and economist. All of the reports and depositions of these experts along with the medical records and the reports of all doctors were all admitted into evidence.

Damages

The plaintiff was working at the Nirvana Restaurant and was offered a job as an assistant manager earning $50,000 a year. The plaintiff had not yet accepted the offer but was considering it at the time of her accident. The medical bills in this case were $362,853. The plaintiff also claims $50,000 a year for past loss of earnings and claimed a reduced loss of earning capacity in the future. The defendants contended that the plaintiff only would have made $30,000 as her work history in the past indicated fairly minimal income.

Injuries

The plaintiff suffered a tibial plafond fracture. She also had a comminuted fracture of her right knee with open reduction and internal fixation. The tibial plafond fracture and fracture of her right knee involved a total of five surgeries. The reason for the number of surgeries here was because of complications including a non-union of the fracture. The plaintiff also suffered multiple fractures of the toes of her right foot including insertion pins. She also developed back problems because of her abnormal gait. She was unable to walk without assistance for over a year. The plaintiff claimed that she would have both traumatic arthritis in her ankle and knee with the possibility of an ankle fusion in the future. She also claimed post traumatic stress although not supported by any specific psychological medical evidence other than from her attending orthopedic surgeon.

Result

The arbitrator found past medical expenses of $362,852; past lost of earnings of $61,772; future loss of earning capacity of $799,641; $592,367 for a life term plan than includes future medical, vocational rehabilitation, and numerous other items; general damages for pain and suffering for $1.2 million, for a total of $3,016,632.