Facts

Plaintiff Don Lee Purnell filed suit against defendant Robert Yousefian in relation to a collision.

PLAINTIFF'S CONTENTIONS: Plaintiff's vehicle was rear-ended by defendant on the westbound 134 freeway in Glendale.

DEFENDANT'S CONTENTIONS: Defendant admitted liability.

Settlement Discussions

Plaintiff served defendant with a CCP 998 offer in the sum of $499,999. The case was subsequently mediated. Plaintiff's last demand at mediation was a bracket of $180,000-$40,000 with an indication from the mediator that plaintiff wanted $100,000. Defendant's last offer at mediation was $30,000. Defendant subsequently served plaintiff with a CCP 998 offer in the sum of $35,001.

Damages

Plaintiff's medical special damages were alleged to be in the $43,000 to $53,000 range. The vast majority of these charges were lien-based. To the extent it was believed plaintiff was injured at all, defendant contended plaintiff's reasonable and necessary medical special damages were in the $5,000 to $15,000 range.

Injuries

Plaintiff contended the accident caused disc protrusions and an annular tear at the C5-6 and C6-7 levels of plaintiff's cervical spine requiring conservative care, including a series of three epidural steroid injections, that failed such that anterior discectomy and fusion surgery (two levels) was recommended. Defendant contended the accident did not cause any injuries to plaintiff.

Result

Defense verdict.

Deliberation

15 minutes

Poll

11-1