Facts

On April 22, 2019, Plaintiff Apolinar Ramirez, 56, a farm worker, was operating his vehicle on the Southbound US-101 Freeway in Salinas when his vehicle was rear-ended by a vehicle operated by Defendant Kristy Ward. Ramirez claimed injuries to his head, face, right wrist, left knee and left arm.

DEFENDANT'S CONTENTIONS: Defendant stipulated to liability and acknowledged that plaintiff had significant orthopedic injuries. Defenant contested the nature and extent of plaintiff's brain injury.

Insurer

CSAA

Settlement Discussions

Plaintiff's final demand was $1.5 million (C.C.P. 998) Defendant's last offer was $300,000 Plaintiff asked the jury to award $22.5 million. Defendant asked the jury to award $1.4 million.

Specials in Evidence

Meds: $180,581 Loe: Plaintiff was disabled and not working at the time of the incident. Future Meds: plaintiff: $3.5 million. defendant: $86,000

Injuries

Ramirez sustained facial fractures, a right wrist fracture, a left knee fracture and a left arm fracture of the humerus bone. He claimed he sustained a traumatic brain injury from the subject accident. He sought recovery for his past and future medical costs and his past and future pain and suffering. The plaintiff physiatrist indicated a reduction in life expectancy of 5 years. The defense physiatrist indicated 4 years. Plaintiff's life care plan indicated $3.5 million in future medical expenses. Defendant did not have a life care plan expert and instead used the defense doctors to help argue a reduction of the future medical expenses.

Result

The jury found that Defendant Ward's negligence was a substantial factor in causing harm to Ramirez. The jury awarded Ramirez $4,886,580. The breakdown of the award is: $186,580 past medical costs $1,500,000 future medical costs $1,000,000 past pain and suffering $2,200,000 future pain and suffering

Deliberation

1.25 days

Poll

12-0

Length

3.5 weeks