Facts

The case arises from an Aug. 7, 2018, vehicle collision in Kern County. Plaintiff, Christine Delvecchio, was driving west on SR-46. Defendant, Cesar Bella, was at a stop sign driving north on Aloma Street. Defendant drove into traffic causing the T-bone collision.

DEFENDANT'S CONTENTIONS: Defendant admitted liability but argued the collision caused minor property damage to the vehicles with no airbag deployment. Plaintiff was standing at the scene and there were photos of plaintiff on her phone and standing around taking photos of the vehicles. Defendant argued Plaintiff only suffered a sprain/strain from the collision and the surgeries were a result of pre-existing arthritis/degenerative disc condition. Defense also argued the past medical expenses of $638,000 on lien were inflated, arguing that insurance companies would only pay approximately $100,000 and government payors would pay even less. With regard to future medical expenses, Defendant argued it was speculative if Plaintiff needed a future cervical surgery as Plaintiff needed to wait another 6 months (approx. December 2021) to determine if the first surgery worked and only then Plaintiff and her doctor can decide if she would need a future surgery. Defendant also argued that if she did undergo a future cervical surgery, then she should be all better and will not require any further treatment (similar to her lumbar spine surgery.)
Defendant argued the jury should only award Plaintiff $45,000.

Insurer

Allstate Insurance Company for defendant Cesar Bella

Injuries

Plaintiff claimed injury to her neck and lower back. Plaintiff underwent a lumbar fusion surgery on October 15, 2019, and underwent a cervical fusion surgery on July 7, 2020. Prior to the collision, Plaintiff had experienced minor low back pain and neck pain in the early 90s from a prior collision. She had undergone a total left hip replacement and a total right hip replacement due to arthritis/degeneration prior to the collision. Plaintiff also had been treating with a psychiatrist for years due to anxiety and depression and was taking medication for it. Plaintiff claimed she required a future cervical spine fusion with follow up treatments with her doctors.

Result

The case proceeded through a three week trial where the jury rendered a verdict in favor of plaintiff for $2,150,000 (past non-economic damages $450,000; past medical $350,000; future medical $500,000; future non-economic damages $850,000)