Facts

Thirty-six-year-old David Yaffee who was driving his Acura, was stopped at a red light when a 26-foot box truck hit him from behind. Yaffee filed suit against, the truck company, KLS Transportation, and others.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that despite defendant's allegation that plaintiff's vehicle was hit at an extremely low speed (that is as a result of the truck rolling at less than five miles per hour) the damage caused by the impact was significant. Consequently, plaintiff's permanent injuries and impairment resulted from defendant's negligence. Plaintiff also argued, as to damages, that it should be based on the reasonable and customary number rather than the amount paid by his health insurance.

DEFENDANT'S CONTENTIONS: Defendant contended that several bees entered into his truck's cab, forcing him to take his foot off the brake as he tried to swat them out. Though the truck rolled forward, plaintiff's car was hit at a negligible speed. Not only was there no visible damage to plaintiff's car, no ambulance or emergency personnel were called nor did plaintiff report any injuries at that time. Moreover, plaintiff had a pre-existing condition, having had prior lower back treatment, which was evidenced by plaintiff's own surgeon noting that scar tissue was present when plaintiff was operated. Accordingly, any resultant pain was due to an asymptomatic, pre-existing condition.

Settlement Discussions

Plaintiff made a CCP 998 demand for $1 million which was reoffered during trial. Defendant made a final offer of $225,00 before trial.

Damages

Special damages included: past medical, $993,083; future medical, $685,993; past lost earnings, $194,515; future lost earnings, $676,595.

Injuries

According to plaintiff, a microdiscectomy was performed because plaintiff suffered disc herniation due to the hit. The surgery did not help and plaintiff was referred to pain management, receiving a spinal cord stimulator. However, two years later, when symptoms again appeared, a new herniation was found leading to two more surgeries and another unsuccessful stimulator.

Result

Plaintiff obtained a verdict award of $3,299,455 which, after costs and interest were added, resulted in a total of $4,945,140.88. Economic damages totalled $2,550,186 whereas non-economic damages were $749,269.

Other Information

After the trial, defendant unsuccessfully sought both a judgment notwithstanding a verdict and motion for new trial.

Deliberation

Jury deliberated for 2 days.

Length

Trial lasted for 9 days.