Facts

Laurence Mitchell Little (age 66) was making a right turn from eastbound Ming to southbound Gosford when he was struck broadside on the driver's side door by a semi-trailer truck driven by Davinder Singh, a driver for US Freight Carrier. The accident was caused by Singh running a red light. Little lost consciousness and stopped breathing after the impact, however, the ambulance personnel and emergency room physicians noted that he had a normal Glascow Coma Scale of 15 and had only briefly lost consciousness for 90 seconds. The ambulance and emergency room records stated that Mr. Little had self extricated from the vehicle. Witness testimony at trial established that Mr. Little was unconscious for 3-5 minutes and turned blue. He was pulled out of his vehicle by a Respiratory Care Specialist and a Nurse who witnessed the collision. At the emergency room Mr. Little was not diagnosed with a concussion or brain injury of any kind. It wasn't until 4 moths later that Mr. Little was diagnosed with a mild traumatic brain injury. Several days after the collision, Little reported back to Kern Medical Center Emergency Department (KMC) with ongoing pain on his left shoulder and his left hip. X-rays and CT scans were normal. Two and a half years after the collision a specialized MRI scan revealed that Mr. Little had evidence of brain injury. As a result of the collision, Little suffered a mild traumatic brain injury, hypoxic brain event, post-concussion syndrome, a left shoulder injury, left rib fracture, hearing loss, memory loss, and visual disturbances. Little and his wife Susan brought a lawsuit against Singh and US Freight Carrier alleging negligence and loss of consortium.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended Singh breached his duty of care when he caused the accident by running the red light and operating a semi-trailer truck while talking on a cellphone. Plaintiffs contended that US Freight Carrier was vicariously liable Singh's actions because Singh was driving the semi-trailer truck for a work related purpose at the time of the accident. Plaintiffs contended that Singh's negligence caused Little to suffer numerous physical injuries as well as economic injuries. Plaintiff Susan Little contended that she suffered a loss of consortium as a result of Little's injuries because the man she married was very different after he was injured and damaged.

DEFENDANTS' CONTENTIONS: Defendant admitted negligence at the time of trial but disputed the nature and extent of Mr. and Mrs. Little's damages.

Insurer

Canal Insurance

Settlement Discussions

The defendants rejected plaintiffs' policy limits demand in the amount of $1,000,000. During trial, plaintiffs demanded $5,000,000 to globally settle the case in exchange for dismissal of the lawsuit with prejudice.

Damages

No economic damages were presented at trial. Little was the owner of Custom Home Alarms and was able to work and run his own business prior to the collision. Due to injuries he suffered, Mr. Little retired. Susan Little suffered from a loss of consortium, changes in the love, companionship, protection, assistance, and society that she had in her marriage before her husband was hurt.

Injuries

Little suffered a mild traumatic brain injury, hypoxic brain event, post-concussion syndrome, a left shoulder injury, left RIB fracture, hearing loss, and memory loss. Little also has tinnitus which interferes with his hearing. He lives with chronic pain.

Result

The jury awarded the plaintiffs a total of $10,000,000. $7 million in non-economic damages was awarded to Little, and $3 million in non-economic damages was awarded to his wife and $3 million in prejudgment interest.

Other Information

Plaintiffs initially asked the jury to award $30-40 Million and later suggested at least $22.5-30 Million. Defendants argued $3 Million was reasonable compensation.

Deliberation

Two hours.