Facts

Eric Zandonella filed suit against Gary Spakosky in relation to a motor vehicle collision that occurred on Aug. 29, 2015 in Placerville.

PLAINTIFF'S CONTENTIONS: Zandonella contended that when he was driving on the U.S. Route 50 ramp, he was struck nearly head-on by a vehicle driven by Spakosky, who was making a left turn onto the ramp. Zandonella alleged that Spakosky negligently operated his vehicle and was liable for his injuries.

DEFENDANT'S CONTENTIONS: Spakosky conceded liability but argued that Zandonella's injuries and pain were work-related. Spakosky claimed Zandonella's shoulder and neck pain were due to arthritis, rather than the collision. Defense orthopedic expert opined that Zandonella's shoulder pain occurred prior to the collision.

Settlement Discussions

Plaintiff made a demand of $850,000. Defendant made an offer of $300,000.

Injuries

Zandonella claimed he suffered bulging discs and a glenoid labral tear of his dominant shoulder. Zandonella underwent arthroscopic surgery on his shoulder and required cervical fusion surgery. Additionally, Zandonella underwent another arthroscopic surgery on his shoulder. Zandonella alleged that he suffered from pain in his shoulder, neck, and back as a result of the incident, and his range of motion is limited. Zandonella contended he would need another arthroscopic surgery in the future to further repair his shoulder.

Result

The jury found Spakosky's negligence was a substantial factor in causing plaintiff harm and awarded damages of $1,031,279, which included $96,903 in past medical costs, $6,000 in future medical costs, $78,376 in past lost earnings, $500,000 in future lost earnings, $250,000 in past non-economic loss, and $100,000 in future non-economic loss.

Deliberation

four hours

Poll

11-1 (future medical expenses and past noneconomic loss); 10-2 (future noneconomic loss); 9-3 (future lost earnings)

Length

five days