Facts

On March 13, 2019, an underinsured motorist who was driving drunk ran a red light at approximately 50 mph on eastbound Oceanside Boulevard at Crouch Street in Oceanside. The motorist crashed into the passenger side of the Jason Pearce's pick-up truck, which was making a left turn on a green turn arrow from westbound Oceanside Boulevard to southbound Crouch Street. Pearce was a 32-year-old construction superintendent who was on his way home from work at the time of the crash. Both vehicles were declared total losses. On November 6, 2020, Pearce underwent a L5-S1 lumbar discectomy and fusion surgery performed by Dr. Moazzaz. He also underwent extensive chiropractic treatment from Dr. Tetz, as well as cervical and lumbar epidural injections by Dr. Patel.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the crash caused neck and back herniations as well as a hip labral tear and shoulder impingement, all of which require surgery. Further, plaintiff alleged that defendant was incorrect both as to the facts and legal contentions concerning his right to claim past medical bills and past wage losses.

DEFENDANT'S CONTENTIONS: Defendant contended that arbitration should not have proceeded because it was entitled to a stay while plaintiff pursued worker's compensation benefits and that they were entitled to have plaintiff examined by an orthopedic surgeon because of his last-minute surprise contention of the need for additional surgeries. Further, defendant alleged that plaintiff made an excellent recovery from his back surgery at L5-S1 with only ibuprofen for pain and returned to work full time. Moreover, defendant argued that plaintiff never proved he needed surgery for his neck and hip. Finally, defendant argued that plaintiff was not entitled to loss of earnings because he continued to receive his salary while off work.

Settlement Discussions

Pearce initially demanded the $985,000 policy limit from his insurance policy with Wesco Insurance. Wesco offered $25,000 then increased it to $100,000 after Pearce's back surgery. Wesco increased its offer to $200,000 after Pearce served a CCP Section 998 offer of $700,000. Wesco then increased its offer to $300,000 if accepted before the start of the hearing.

Result

$746,987 arbitration award, with $193,521.71 in past medical expenses, $90,000 in future medical expenses, $3,465 in past wage losses, $5,000 in future wage losses, $300,000 in past non-economic damages, and $150,000 in future non-economic damages. The award was for damages only without consideration of offsets or computation of the loss payable amount due from Wesco.