Facts

On Nov. 22, 2012, at 12:53 p.m., plaintiff Paula Trickey was driving a 2012 Ford Flex on the southbound I-405 freeway. Defendant Edwin Koga was driving a 2007 Nissan Versa. Plaintiff was driving alone in the carpool lane and stopped abruptly defendant was not able to stop and rear-ended plaintiff's vehicle. The police responded to the accident.

PLAINTIFF'S CONTENTIONS: Plaintiff contended she was more susceptible to injury due to prior conditions including two cervical fusions.

DEFENDANT'S CONTENTIONS: Defendant contended that while they rear-ended plaintiff, her injuries and medical treatment were not reasonable and the treatment was not a result of the accident. Defendant claimed plaintiff's medical bills were excessive and her injuries were exaggerated. Defense contended that plaintiff's loss of earnings claim was not reasonable.

Insurer

Interinsurance Exchange of the Automobile Club of Southern California

Settlement Discussions

Plaintiff's last demand was $1 million. Defendant made a CCP 998 offer of $525,000.

Specials in Evidence

Meds: $932,885 reduced by Howell and stipulation of the parties to $153,000 Future Loe: $350,000. $825,000 to $990,000

Damages

Stipulated medical specials of $153,000. At trial, plaintiff argued for a total award of over $4 million. Plaintiff was an actress and argued she missed out on many work opportunities and film projects. She alleged she lost TV and movie roles and her ability to work and act was impacted. She claimed past lost earnings of $125,000. Defendant argued plaintiff's treatment and injuries were not a result of the accident and the medical bills should only be $4,892 for past medical specials and $10,000 for general damages.

Injuries

Plaintiff suffered headaches, migraines, cervical radiculopathy, myofascial pain syndrome, thoracic outlet syndrome, foot pain and surgery, neck and back pain and permanent nerve damage. Plaintiff was transported by the scene of the accident and brought by ambulance to the hospital. Then, plaintiff began treating with physical therapy, pain management orthopedic surgeons and neurosurgeons. In addition to therapy and examinations, her treatment included ten cervical epidurals, two lumbar nerve root blocks/epidurals, many trigger point injections, one cervical rhizotomy, one lumbar rhizotomy, anterior cervical discectomy and fusion at C7-T1 and a foot surgery.

Result

The jury found that defendant was at fault for the incident and the collision was a substantial factor in causing injury. However, the jury also found plaintiff stopped short and was negligent but her negligence was not a factor in her injuries. As to damages, plaintiff was awarded $4,862 in past medical treatment and $25,000 in past pain and suffering. There was nothing awarded for future medical treatment, loss or earnings or pain and suffering.

Other Information

Prior to trial, plaintiff demanded $1 million and defendant offered $525,000 by CCP 998. Defendant's cost bill was $70,418 and after both sides taxing costs after taking into consideration plaintiff's costs and the amount of the verdict plaintiff ended up with a judgement against her in the amount of $39,851 and recovered nothing.

Deliberation

2.5 days

Poll

As to negligence, the jury found 12-0 that defendant was negligent and damages were a substantial factor in causing damages. Ten jurors also found plaintiff to be negligent. The jury polled 11-1 as to past damages and 10-2 as to future damages.

Length

eight days