Facts

Plaintiff Adrian Hernandez was a Spanish speaker with 30 years of preexisting well-documented lower back pain. He was rear-ended at high speed, allegedly causing an aggravation of preexisting spinal injuries. Defendant Bradley DeGeorge was in course and scope of employment at the time of the incident.

DEFENDANT'S CONTENTIONS: The defense contested the causation and necessity of surgery, asserting that it stemmed entirely from preexisting and progressive degenerative disc disease conditions with no objective acute permanent aggravation from the subject incident. In support of the defense case, sub rosa surveillance video was obtained that captured Plaintiff performing activities of daily living (driving and shopping) without any observable physical impairments or limitations.

Settlement Discussions

Plaintiff's opening demand was $6.5 million. Defendant made an initial CCP 998 offer for $750,000 then another for $1 million.

Injuries

Plaintiff underwent spinal surgery that ultimately required spinal cord stimulator. Plaintiff incurred past medical bills totaling $1,168,248. Plaintiff's life care plan projected future medical costs totaling $1,825,652.

Result

The case settled for $1,999,999