Facts

On August 16, 2017, Plaintiffs Donn and Shoshana Riehl were driving back from a vacation in Washington State with their children. As they headed back down to Orange County, a State of California employee, Lewis Leflore, struck plaintiffs' vehicle as they were slowing down on I-5 because of traffic. Plaintiffs complained of pain at the scene but were released and did not go to the hospital.

The next day they drove seven hours down to their home and unloaded the car. They went to an urgent care facility where Donn never mentioned any injury to his head. A few days later, he began to complain of headaches and light sensitivity.

Donn's injuries started to manifest more seriously. He saw multiple doctors. The family moved to Washington to get family assistance in dealing with Donn's injuries. Donn was a stay at home father raising his two sons.

Donn had seen various treaters while in Washington. The COVID lockdown forced the family to move to Texas for Shoshana to find work. Donn did not reestablish medical treatment for 15 months after moving to Texas.

DEFENDANT'S CONTENTIONS: Defense claimed that given that plaintiffs did not go in the ambulance, go see a physician and drove seven hours the day after the accident, the injuries were not serious. Donn did not treat for 15 months while in Texas, so he has no ongoing medical issues.

Settlement Discussions

State of California made a CCP 998 offer of $500,000 to Donn; $250,000 to Shoshana Plaintiffs made CCP 998 demands of $1.5 million Donn - $1 million to Shoshana

Specials in Evidence

Loe: $40,250 Future Loe: $435,500 Future Meds: $$1,007,366

Injuries

Plaintiff claimed that he suffered a concussion and developed depression and PTSD. Also, husband, despite being a stay at home father for several years was going back to work.

Result

Verdict for $2,608,116 (Donn Riehl $2,233,116; Shoshana $375,000).

Other Information

Post-trial CCP 998 costs sought. Motion for cost of proof sanctions will be filed.

Deliberation

2 days

Poll

9-3 through 11-1 on various issues

Length

11 days