Facts

Romulo Rufo was driving to work on the I-710 freeway when he was rear ended by Special Agent Albert Smith of the Drug Enforcement Agency. Rufo's head and neck were propelled up and back. He was dazed and only responded when SA Smith knocked on his window.
Rufo and his wife Trina Rufo filed a lawsuit asserting negligence, damages for medical expenses, loss of income, pain and suffering, and loss of consortium.

PLAINTIFFS' CONTENTIONS: Plaintiff contended that when he stopped his vehicle, he saw SA Smith driving toward him while looking distracted by something in his center console. Plaintiff contended he sustained a mild traumatic brain injury that resulted in vestibular problems, dizziness, headaches, balance issues, and vertigo. In addition, he had chronic neck pain.

Plaintiff's biomechanical expert concluded that there was a greater than 50 percent injury potential for a mild traumatic brain injury based on the forces of the collision.

DEFENDANT'S CONTENTIONS: Defendant neither contested duty nor that SA Smith was working within the course and scope of his employment with the DEA. Defendant argued that plaintiff bore some responsibility for stopping too fast. Defendant also argued that plaintiff had prior medical conditions, medication, and depression from the loss of his mother and job following the incident that caused the symptoms he had been experiencing the last four years.

Defendant's biomechanical expert argued that there was a 5 percent chance of injury potential for sustaining a mild traumatic brain injury based on the forces of the collision.

Defendant also argued there was no mild traumatic brain injury so no future medical or psychological care was needed from the subject collision. Defendant also argued plaintiff lost his job due to a company wide lay-off at SCE and that he was able to continue working following the accident. Defendant asked the court not to award past or future lost income.

Settlement Discussions

Plaintiff's last demand was $5,000,000. Defendant's last offer was $900,000.

Result

The court awarded plaintiffs $4,099,581.80 in damages, including $500,000 to Trina Rufo for loss of consortium.

Length

2.5