Facts

Plaintiff, Lisa Kozy, a 47-year-old mother of two and grandmother was rear-ended by an OC Deputy Sheriff on Feb. 7, 2019, who was focused on typing his hours into his onboard computer instead of the road. The approach and impact were captured on his dash cam. An investigator hired by plaintiff's counsel found security cam footage of a side view of the impact sequence at a nearby home. Additionally, plaintiff was on a bluetooth phone call with a co-worker who was recording the call because of harassing phone calls she had received in prior weeks. All three were admitted into evidence during the trial.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that she was injured in the collision. She will require future care, including injections, counseling, and adjacent segment surgeries in the neck.

Insurer

County of Orange is self-insured.

Settlement Discussions

Defendant's last offer was $150,000. No offers were made during the trial.

Specials in Evidence

Meds: $612,255 Future Meds: $422,800

Damages

$5,235,055 (past medicals $612,255; future medicals $422,800; past generals $600,000; future generals $3.6 million)

Injuries

Plaintiff underwent three cervical surgeries at C5-6 for a 4.2 mm herniation with fragments pressing on the nerve root and causing weakness and pain in her right arm and hand. She went to the hospital initially and was discharged with a CT that just showed degeneration and diagnosis of neck strain. She tried six months of conservative care with chiropractic, medication, and then two epidurals that did not work. She had a one level disc replacement surgery in August 2019. The disc then failed and a second surgery took place in August 2021. Plaintiff also contracted a staph infection identified in surgery number two that was treated for months with a PICC line and antibiotics. A third surgery took place August 2022 to clean out the remaining infection and fuse at one level. She had a hard brace on during trial and has not fully recuperated. Treating pain management doctor, Richard Paicius, M.D. and surgeon, Grant Shifflett, M.D. both testified during trial. Both testified the treatment was necessary and the $612,255.10 in lien medical bills were reasonable. The defense called Thomas Grogan, M.D. as their medical expert. He testified plaintiff had degeneration throughout her neck and that was the reason for the surgeries, not the collision. He also testified the medical bills were three times what was was reasonable. He also contended the second and third surgeries were caused by the failure of the artificial disc and due to an infection so that the County should not be responsible. In addition to plaintiff, to present general damages plaintiff's mother, sister, and daughter testified. In closing, plaintiff's counsel asked the jury to award $9 million. Defense counsel argued that if the jury finds that the neck injury was caused in the collision and that they necessitated the surgeries, $575,000 would be reasonable. In rebuttal, plaintiff's counsel used CACI 3929 to explain to the jury that the defendant would still be responsible for the second and third surgeries even if they resulted solely from a failed artificial disc and infection.

Result

Verdict of $5,235,055.

Deliberation

five hours

Poll

10-2

Length

six days