Facts

Plaintiff Daniel Klier, 53, was rear-ended by defendant Jesse Sobel Laufer while stopped at a traffic signal.

PLAINTIFF'S CONTENTIONS: Plaintiff was struck from behind at a speed of approximately 30 miles per hour by defendant, who was driving a rental car. Plaintiff contended defendant's own car was in the shop after causing a previous collision.

DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff's injuries arose not out of this collision, but either out of a lifetime of high-impact sporting activities, or were the result of a subsequent accident, which occurred approximately a year after the accident at issue. Additionally, plaintiff is not restricted in the amount or level of activity in which he can engage post-accident. Defendant argued that plaintiff had participated in sporting events since the collision.

Insurer

Mercury Insurance

Settlement Discussions

Plaintiff demanded $200,000. Defendant offered $50,000.

Specials in Evidence

Meds: $22,000 Future Meds: $292,000

Injuries

Plaintiff suffered injuries to his cervical spine in the collision which resulted in pain and restricted movement in the neck and left shoulder. Reasonable and necessary treatment included radio-frequency ablations for a period of five years, epidurals for a period of five years, and a three-month round of physical therapy. Injuries have resulted in a permanent and extreme reduction in the amount and level of activity that plaintiff can participate in. Prior to the accident, plaintiff was a high-impact sports enthusiast who exercised daily. Post-accident, he is limited to low-impact exercises like hiking or walking, and is precluded from mountain biking, rafting, baseball, scuba diving, tennis, golf, and other high-impact sports he routinely played prior to the accident.

Result

The jury found in favor of the plaintiff and awarded him $676,000.

Deliberation

two hours

Poll

10-2

Length

four days