Facts

Plaintiff Joseph Gough, 60, was working for a home improvement store when defendant Robert Belcher, who was driving a handicapped electric cart, placed two pieces of aluminum trim horizontally in the cart basket and began driving through the store. The shorter end of the trim impacted a trashcan and swung the longer end into the back of Gough's head and neck. The impact knocked him to the floor. The incident was captured by a security camera. Defendant left the store without leaving his name and number, and the store employees failed to identify him.

Defendant was identified after plaintiff obtained an order from the court to compel the home improvement store (who employed plaintiff) to compare the time on the video with customer receipts. Armed with information of two individuals, a private investigator hired by plaintiff located the defendant and obtained a statement confirming he was involved in the incident.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the blow to the head and neck with the trim and resulting fall caused injury to his carotid artery and aggravated the stenosis in his neck. Plaintiff claimed both surgeries were solely the result of the incident. Plaintiff also argued that he will need a future fusion surgery at the next level in 10 to 15 years.

DEFENDANT'S CONTENTIONS: Defendant argued he was partially responsible for the incident, but that an employee should have assisted him with the trim or that there should have been a warning sign on the electric cart.

Defendant argued that three prior hospitalizations for suspected TIA's or complex migraines in the 18 months prior to the incident revealed weakness and numbness in the left arm. Accordingly, defendant argued that plaintiff was symptomatic in his neck prior to the incident. The defendant also argued an MRI in 2015 was similar to the one taken in the month following the incident. The defense expert, Tony Feuerman, M.D. contended the first surgery was not medically necessary and that the plaintiff sustained a sprain of his neck.

Insurer

Residence Mutual

Settlement Discussions

Plaintiff served a CCP 998 offer for the $300,000 policy limits in November 2017 and then gave two extensions into February 2018. The carrier for defendant, Residence Mutual, responding to the policy demand with an offer of $100,000 in February 2018. The offer was rejected. The policy limits were eventually offered many months later. They were rejected by plaintiff. During jury selection, defense counsel indicated the carrier would pay $500,000. Plaintiff rejected the offer.

Specials in Evidence

Meds: $280,000 (paid by worker's compensation) Loe: $71,000 (paid by worker's compensation) Future Meds: $220,000

Damages

Plaintiff requested $351,000 in past medical and lost income. Plaintiff also requested $150,000 for another fusion surgery in 10 to 15 years, along with more physical therapy and injections in the years leading up to it.

Injuries

During the next several weeks, Gough experienced dizziness and neck pain. He also had numbness in the left side of his face and his left eye began to droop. He was diagnosed a month following the incident with a dissected carotid artery that was treated with Plavix and aspirin. An MRI of his neck revealed severe stenosis at several levels and a disc bulge at one level. He underwent cervical fusion in January 2017. After a few months, he began to develop Kyphosis, which caused his head to lean down and forward. In June 2018, he had another fusion surgery to secure three additional levels. He was released to full duty in November 2018 and continues to work full-time. He continues to have pain in the area of the last fused disc. The worker's compensation lien was $351,000. Plaintiff secured an assignment of the lien prior to trial.

Result

Plaintiff's verdict for $2,998,860.14.

Deliberation

3.5 hours

Poll

12-0

Length

five days