Facts

Plaintiff Kekoa Young, 40, was stopped at a stop sign when he was hit by a City of San Diego garbage truck. The truck was making a left hand turn while en route to pick up residential garbage bins and hit plaintiff's front right bumper/quarter panel. Plaintiff's friend arrived on scene and drove him to urgent care.

PLAINTIFF'S CONTENTIONS: Plaintiff argued that defendant was the cause of all his injuries, including the 10-11mm herniation at the L5-S1 level.

DEFENDANT'S CONTENTIONS: Defendant argued that plaintiff did not get hurt from the crash and that plaintiff complained of pre-existing back pain to his providers. They argued that the impact was less than 10 mph with superficial damage to his vehicle. They also argued that plaintiff went to work the next day after the crash and never stopped working as a bartender at a nightclub and chef. Defendant also had sub rosa of plaintiff walking his dog, washing the windows outside his house, bending over with his dogs, working in the nightclub, bending over, etc.

Settlement Discussions

Defendant made a CCP 998 offer of $400,000, increased to $700,000. Plaintiff made a CCP 998 demand of $1,240,095.

Specials in Evidence

Meds: $175,547 Future Meds: Plaintiff requested $200,000 in future medical costs.

Injuries

Plaintiff subsequently receives chiropractor treatment, pain management treatment and also receives a minimally invasive microdiscectomy surgery a year after the crash because he has a 10-11 mm herniation at the L5-S1 level. After the surgery, plaintiff does physical therapy, more pain management, and acupuncture.

Result

Total Award: $2,515,547 (past economic damages: $175,547; future economic damages: $200,000; past non-economic damages; $540,000; future non-economic damages $1.6 million)

Deliberation

3.5 hours

Length

six days