Facts

This case arises out of a rear-end automobile accident that occurred on Sept. 10, 2014 on eastbound State Route 76 in Oceanside. Plaintiffs', who were husband and wife at the time, and defendants' vehicles were totaled and plaintiffs were pushed into the vehicle in front of them. Plaintiff Reece was transported by ambulance to the emergency room at Tri-City Medical Center in Oceanside.

DEFENDANT'S CONTENTIONS: Defendant's admitted liability and disputed plaintiffs claimed injuries and damages. This was specifically true of all of plaintiffs' epidural injections, facet block injections and rhizotomies and plaintiff Casey's SI (sacroiliac) join fusion surgeries.

The defense called at trial Dr. David Karlin, neuroradiologist, Dr. Jean-Jacques Abitbol, orthopedic spine surgeon who examined plaintiff Casey, and Dr. Jennifer Sohal, orthopedic spine surgeon who examined plaintiff Reece.

Settlement Discussions

Prior to trial, defendants propounded CCP section 998 offers to compromise in the amount of $100,000 each, the policy limits. Plaintiffs rejected the CCP 998's and would not discuss settlement of the case at less than $3 million.

Injuries

Two days after the incident, plaintiffs drove home to La Vegas and began treating with chiropractors, pain management specialists, orthopedic surgeons and Dr. Jeffrey Gross, neurosurgeon. They both treated at Dr. Gross' offices in Las Vegas. Between them they each had over 12+ epidural injections, facet block injections and rhizotomies. Each of those procures was billed at an average of $20,000 all inclusive and on a lien. Plaintiff Casey also underwent SI (sacroiliac) joint fusion surgeries on her left and right with Dr. Andrew Cash, orthopedic spine surgeon from Las Vegas, and Dr. Gross. The surgeries, all inclusive, were billed at $251,000 each. Both plaintiffs are still treating with Dr. Gross as of 2022. Plaintiff Casey's medical bills, all on a lien, totaled $789,991.33 and her future medical bills for a lifetime of $3,208,404.00. Plaintiff Reece's medical bills, all on a lien, totaled $250,083 and her future medical bills totaled $1,344,687. Plaintiffs called at trial Dr. Gross, via video-taped deposition because of his felony conviction which the court admitted into evidence, Dr. Cash, Dr. Neville Chamberlain, pain management specialist, Dr. Terrence Clauretie, Ph.D., economist.

Result

The jury awarded $49,185 to Casey and $43,701 to Reece.

Other Information

In closing arguments, plaintiffs' counsel asked the jury to award plaintiff Casey past economic damages of $789,991, future economic damages of $3,208,404, past non-economic damages of $500,000 and future non-economic damages of $500,000 for a total of $5,248,395. He also asked the jury to award plaintiff Reece past economic damages of $250,083, future economic damages of $1,344,687, past non-economic damages of $250,000 and future non-economic damages of $500,000 for a total of $2,344,770. The defense asked the jury to compensate plaintiff Casey past non-economic damages of $9,185 and past non-economic damages of $30,000 for a total of $39,185 and zero for both future economic damages and future non-economic damages. The defense also asked the jury to compensate plaintiff Reece past non-economic damages of $13,701 and past non-economic damages of $20,000 for a total of $39,185 and zero for both future economic damages and non-economic damages. The jury compensated plaintiff Casey $49,185 and broke it down as follows: Past non-economic damages of $9,185; past non-economic damages of $40,000; future economic damages of $0 and future non-economic damages of $0. The jury compensated plaintiff Reece $43,701 and broke it down as follows: Past economic damages of $13,701; past non-economic damages of $30,000; future economic damages of $0; and, future non-economic damages of $0.

Deliberation

6.5 hours

Poll

10-2 on all questions

Length

Seven days