Facts

On Aug. 12, 2018, defendant turned left in front of plaintiff's motorcycle at an intersection in Anaheim. Plaintiff was ejected from his motorcycle at about 40 mph and suffered an "open book" pelvic fracture (that required internal fixation) and a ruptured testicle (that was ultimately removed).

About four months after the collision, plaintiff returned to work as a Marine. Within eight months, he was able to pass the physical fitness test for active-duty, which included things like running three miles, doing pull-ups, crunches, etc. By this time, he no longer walked with a limp and was back to working out at the gym six days a week. However, he still had residual pain and problems.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant negligently caused the incident and that he suffered significant injuries including a broken pelvis and ruptured testicle. Plaintiff contended that as a result of these injuries, he still suffered pain with significant exercise, as well as mild erectile dysfunction and urinary issues, including incomplete bladder emptying.

DEFENDANT'S CONTENTIONS: Defendant initially denied liability, but stipulated to liability just prior to jury selection. Defendant contended that plaintiff's symptoms were subjective and there was no objective proof of his claimed issues. According to the defense's medical experts, Plaintiff's symptoms didn't match up with the injuries and with his defense medical exam. Defendant claimed that the damages sought were excessive.

Insurer

Farmers Insurance.

Settlement Discussions

Plaintiff made a pre-litigation policy limits offer of $100,000. After litigation, plaintiff made settlement offers of $1.5 million, $600,000 and $475,000. Defendant offered $300,000 shortly before the initial trial date.

Specials in Evidence

Meds: $90,000 (waived at trial) waived

Damages

Plaintiff waived all economic damages, and claimed only general damages (pain and suffering) associated with his injuries and ongoing symptoms.

Injuries

Plaintiff suffered a pelvic fracture, ruptured left testicle, and lacerations to his knee.

Result

Plaintiff's verdict for $4 million ($2 million in past non-economic damages, $2 million in future non-economic damages)

Deliberation

four hours

Poll

6 out of 8 agreed. 1 juror wished to award more ($7 million total), 1 juror wished to award less ($2 million total).

Length

five days