Facts

This case arises from a low speed rear-end collision that occurred on the northbound I-5 freeway, just past the I-805 merge, in San Diego on June 26, 2016.

DEFENDANT'S CONTENTIONS: Defendants claimed that this minor motor vehicle accident did not cause plaintiff's claimed injury. The defense biomechanical expert, Dr. Nicholas Carpenter, posited a 2 to 3 MPH Delta V, with no mechanism for injury.

Damages

At trial, plaintiff waived past medical specials and sought only future economic damages, along with past and future non-economic damages, for a total of approximately $1,000,000.

Injuries

Plaintiff claimed he suffered a traumatic brain injury, lower back, and neck injuries and sought treatment from neurologists, orthopedists, neuropsychologist, pain management doctors, and underwent extensive radiological imaging. Once discovery got underway, plaintiff dropped his claims for TBI and back injury to focus only on his claim of cervical spine injury. Plaintiff's medical expert, Dr. William Tontz Jr. (who saw plaintiff once in 2019), testified at trial that plaintiff will require a two-level cervical fusion surgery in the future.

Result

The jury deliberated for about 4.5 hours and returned a defense verdict.

Other Information

Plaintiff has submitted pending motions for a new trial and judgment not on the verdict.

Deliberation

4.5 hours

Poll

11-1

Length

Five days