Facts

On June 17, 2018, defendant Sofia Dominguez rear ended plaintiff Oscar Rosales on the westbound 118 freeway near Borden Avenue in Tacoma, California. Defendant's vehicle was a total loss and the property damage to plaintiff's vehicle was approximately $3,000.

Defendant stipulated to liability and the parties agreed to attend arbitration for damages only with Robert Hanger, Esq. at ARC with a high of $100,000 and a low of $50,000. The high/low was not disclosed to the arbitrator. Per plaintiff's treating orthopedic surgeon, plaintiff required PRP injections in his right knee and a future right shoulder surgery due to the collision.

PLAINTIFF'S CONTENTIONS: Plaintiff underwent right knee surgery as a result of the collision and would require future PRP injections in his right knee and right shoulder surgery.

DEFENDANT'S CONTENTIONS: Defendant stipulated to liability and agreed that the right knee was injured as a result of the collision and required surgery. However, Defendant only accepted $16,300 - $19,300 for Plaintiff's total past medical expenses. Defendant disputed that the right shoulder was injured at all due to the collision and it was Defendant's contention that Plaintiff would require zero medical treatment in the future and would require zero future medical expenses due to the collision.

Specials in Evidence

Meds: $86,251 Loe: $1,150 Future Meds: $121,000

Damages

$168,000 in past general damages; $340,000 in future pain and suffering damages.

Injuries

Plaintiff claimed injuries to his neck, right shoulder, right knee, and lumbar spine. Plaintiff initially treated two days after the collision at the ER, and underwent chiropractic treatment, physical therapy, and a right knee surgery.

Result

The arbitrator awarded $39,822 for past medicals; $1,150 for past loss of earnings, and $95,000 for general damages, for a total award of $135,972. This resulted in plaintiff obtaining the maximum available award of $100,000 pursuant to the agreed high/low arbitration award parameters of a $50,000 low and $100,000 high.

Length

one day