Facts

On June 13, 2017 at approximately 4:30 p.m., plaintiff John Cummins, age 55, was operating his 2003 Harley Davidson Road King on the 101 freeway northbound near Hollywood on his way home from work as a movie and television studio propmaker when defendant Teresa Elsberry entered the freeway operating her Ford explorer and changed lanes to the left, contacting the front wheel of the motorcycle, causing a crash. Defendant claimed she was unaware of collision and drove home to Simi Valley. Based upon eye witness accounts, the CHP patrolman visited her home five days later, confirmed she was at the subject location at the time of the crash and found rubber transfer marks on the left rear quarter panel of her vehicle, consistent with the motorcycle wheel contact.

Plaintiff was taken to Cedars-Sinai Medical Center ER and treated for three days for shoulder separation and broken ribs. No diagnosis of brain injury made. Ten days later, plaintiff reported to Los Robles Medical Center emergency room with complaints of headaches, nausea and dizziness and was diagnosed with post-concussion syndrome.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant violated his right of way, causing the crash.

DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff sustained shoulder injury and broken ribs, neither of which required surgery and should have been fine with a home exercise program; no brain injury and no loss of consortium. There was no loss of consciousness or confusion at scene per CHP officer, witnesses and EMT; Glascow Coma Scale was 15/15 at scene and in emergency room; there was a normal brain CT in emergency room and normal MRIs thereafter. Defendant claimed that all complaints by plaintiff were due to over prescription of psychotropic drugs by his treating psychiatrist, Stanley Goodman, M.D., who did not testify.

Insurer

Automobile Club of Southern California

Settlement Discussions

Plaintiffs demanded $250,000 policy limits (Automobile Club) before filing suit in December of 2017. Offer To Compromise served on behalf of John Cummins in June 2018 (after plaintiffs' deposed and voluminous discovery responses served) for $999,999. $250,000 policy limits was then tendered. Defense requested jury to award $167,000 total to John and zero to his wife.

Specials in Evidence

Meds: $55,000 past (waived); Loe: 16 months off work for past loss of $141,157.69; Future Loe: $225,000; Future Meds: $108,833 (shoulder surgery and medications)

Damages

Lack of executive capacity has made John Cummins incapable of being a foreperson; plaintiff now struggles to work with physical and mental limitations; can no longer scuba dive, hunt, fish, surf, fish or ride motorcycles. For the wife, loss of consortium.

Injuries

Plaintiff suffered Grade 3 left major shoulder separation requiring surgical repair; several non-displaced broken ribs; traumatic brain injury causing mental confusion; mood lability; depression and post traumatic stress disorder.

Result

Verdict for $1,766,241 ($1,674,991 for John Cummins; $91,250 for plaintiff wife Michelle Cummins for loss of consortium)

Other Information

Pursuant to CCP 998 sections and CC 3291, plaintiff John Cummins' claim for expert fees and pre-judgment interest is $754,294 for a total judgment of $2,520,490. All of plaintiffs' witnesses, lay and expert, testified via pre-recorded video or live, remotely. Plaintiffs testified in court.

Deliberation

One day

Poll

10-2 (John Cummins sustained a brain injury); 12-0 (past economic damages, past meds waived); 10-2 (non-economic damages); 11-1 (Michelle was injured); 12-0 (loss of consortium damages)

Length

Nine days