Facts

On July 19, 2021, plaintiff Lance Scott Bowman, 58, was driving his tractor-trailer northbound on the 5-Freeway when he came upon defendant Pedro Garcia, Jr.'s tractor-trailer, which was sliding backwards down the freeway towards plaintiff. Plaintiff steered hard to the left to avoid the oncoming truck, but plaintiff was struck by Garcia. Both parties jackknifed and sustained major damage. Defendant Garcia was an employee of defendant Fast Moving Carrier LLC.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant Garcia was negligent and that his employer, defendant Fast Moving Carrier, was vicariously liable for Garcia's neglect.

DEFENDANT'S CONTENTIONS: Defendants admitted liability and disputed plaintiff's damages.

Defendants alleged that plaintiff's herniated discs were not caused by the accident, that they were not surgical, and that they did not result in such significant radicular complaints that plaintiff would need future care.

Defendants admitted that plaintiff was entitled to one year of lost earnings, but contended that plaintiff could have returned to work as a trucker after one year. Defendants alleged that plaintiff voluntarily elected to retire rather than return to work.

Insurer

United Financial Insurance Company

Settlement Discussions

In closing arguments, plaintiff requested $500,000 for his past general damages and $2 million for future general damages. Defendants stipulated to the reasonable and necessity of plaintiff's past medical bills, and requested that the jury award $0 for future medical bills; $87,000 for past lost earnings; $0 for future lost earnings; $50,000 for past general damages; and $0 for future general damages. Pre-trial, plaintiff made a CCP 998 demand of $750,000 policy limits. Defendants made a CCP 998 offer of $250,000.

Specials in Evidence

Meds: $37,495 (stipulated) Loe: $254,775 Future Loe: $1,497,883 Future Meds: $1,086,085

Injuries

Plaintiff allegedly sustained lumbar herniated discs, which caused bilateral radicular pain and loss of motor strength. He also claimed PTSD. Plaintiff was treated with physical therapy, medications and lumbar injections, which provided no relief of his physical symptoms. MRIs, a Nerve Conduction Study, and physical exams confirmed the presence of the herniations and radicular complaints. Psychological counseling and medication used to treat his PTSD. Plaintiff alleged that he needs lumbar fusion surgery and lifetime pain medication, injections and physical therapy. Plaintiff alleged that he was unable to return to work as a truck driver after the accident as his radicular symptoms prevented him from driving tractor-trailers safely and he could not pass a DOT physical exam. All of plaintiff's doctors testified to plaintiff's restrictions and limitations. Further, all doctors testified that plaintiff will not be able to work as a trucker in the future even with a future lumbar surgery, therapy and medications. Plaintiff alleged that he would have continued working as a highly-paid union truck driver for another 10 years if he had not been injured. Plaintiff's vocational expert, Dr. Sarkissian, testified that plaintiff could not work in any other capacity due to his physical limitations, age and limited education.

Result

Plaintiff was awarded $289,960.

Deliberation

6 hours

Poll

11-1

Length

9 days