Facts

Plaintiff Erika Cano filed suit against the County of Orange in relation to a car collision with a deputy sheriff employed by the Orange County Sheriff's Department.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that a disk replacement surgery was reasonably necessary, and that she would be reasonably certain to need a spinal fusion surgery in the immediate future, and another one in 10 years.

Plaintiff refused medical treatment at the scene and continued working after the collision as a housekeeper and cook at a sandwich shop. Plaintiff was a non-English speaker and had three children but was not married.

DEFENDANT'S CONTENTIONS: The county admitted liability but contended that none of the surgery was reasonably necessary, and that it should not be held responsible for the pain and suffering caused by the disk replacement surgery, or by plaintiff's failure to continue chiropractic care and physical therapy that had provided successful in relieving some of her pain.

Insurer

None

Settlement Discussions

At a mandatory settlement conference, plaintiff demanded $425,000, and defendant offered $30,000. Plaintiff later served a CCP 998 demand for $400,000. Plaintiff formally demanded $400,000 before trial. Defendant made no offers to settle before or during trial.

Specials in Evidence

Meds: $121,294 Future Meds: $340,000 to $400,000.

Damages

Plaintiff sought $3 million for pain and suffering damages. She sought awards of $500,000 for past pain and suffering, and $2.5 million for future pain and suffering. According to plaintiff, defendant contended plaintiff was entitled to $0 for pain and suffering. According to defense, defendant told the jurors that they should award the plaintiff $50,000 for past pain and suffering, and $75,000 for future pain and suffering.

Injuries

Plaintiff's main complaint was neck pain. She underwent disk replacement surgery at the C5-6 segment, which did not resolve her pain. The surgery caused nerve irritation, which resulted in additional pain. The parties stipulated that $50,146 was the reasonable cost of all past medical care, except for the disk replacement surgery, and that $71,148 was the reasonable cost of the surgery. Plaintiff's spine surgeon testified that she would soon need spinal fusion surgery to relieve the irritation caused by the disk replacement at a cost of $170,000 to $200,000, and that, in 10 years she would need another spinal fusion surgery to relieve anticipated adjacent disk degeneration, at the same cost.

Result

The jury awarded plaintiff $251,146.19, which included $50,149 for past medical expenses, $50,000 for future medical expenses, $50,000 for past pain and suffering, and $100,000 for future pain and suffering.

Other Information

As the prevailing party, plaintiff was awarded costs for a final post-trial judgment of $281,146.10.

Deliberation

2.5 hours

Poll

past medical $50,146 (11-1), future medical $50,000 (12-0), past pain and suffering $50,000 (12-0), future pain and suffering $100,000 (11-1)

Length

six days