Facts

On Dec. 10, 2018, defendant Daniel Lavorin operating a 2007 Toyota Prius in the course and scope of his employment for Coast Services as a delivery driver rear-ended a F-150 Ford pick-up operated by plaintiff Kirk Hansen and owned by his employer Clark Construction stopped at the intersection of Anaheim and Cherry in Long Beach.

Hansen, 56, a former paratrooper, had pre-existing polyarthralgia and claimed aggravation of a cervical condition resulting in a triple cervical fusion in September 2019.

PLAINTIFF'S CONTENTIONS: Plaintiff was rear ended by a significant crash resulting in aggravation of pre-existing cervical conditions resulting in triple cervical fusion and future adjacent segment disease, injections and surgeries which has ruined plaintiff's life.

DEFENDANT'S CONTENTIONS: Defendants admitted liability but disputed damages. Defendants claimed Hansen's cervical complaints, treatment and claims were the result of progressive degeneration resulting from his preexisting arthritic conditions and that the collision at most resulted in sprain and strain which resolved in 4 to 6 weeks.

Insurer

AmTrust/Western

Settlement Discussions

Plaintiff demanded policy limits of $1 million prior to trial. Rejected high-low during trial. Defendants made a CCP 998 offer of $300,00 prior to trial; high-low $300,000-$800,000.

Specials in Evidence

Meds: Hansen claimed $620,000 in future medical treatment including adjacent segment disease and further injections and surgical intervention. $620,000 claimed

Damages

Plaintiff asked the jury for $14 million in closing argument.

Result

The jury returned a verdict of $108,000 consisting of $80,000 for future medical treatment, $20,000 of past general damages and $4,000 for future damages.

Deliberation

Five hours

Poll

10-2

Length

10 days