Facts

In 2017, Brett Drinkwine, 52, was rear-ended by Kelly Nguyen, 17, driving her father's Mercedes.

PLAINTIFF'S CONTENTIONS: The accident lit up underlying, previously asymptomatic degenerative disc disease and plaintiff's report to his physical therapist, which he cannot recall doing, was related to muscle pain, not spinal pain.

DEFENDANT'S CONTENTIONS: Defendant admitted liability but claimed that plaintiff had at most 816 hours of pain - up to the point he reported being pain free to his physical therapist - and he deserved compensation for that.

Insurer

Nationwide

Settlement Discussions

Plaintiff rejected a settlement offer of $400,000 pre-trial. Plaintiff asked the jury for $2.5 million.

Specials in Evidence

Meds: $161,746 Loe: $70,375 Future Loe: $636,230 Future Meds: $793,260

Injuries

Constant moderate lower back pain, excepting a brief period of relief after each epidural injection; periodic symptomatic mid-back pain with a significant disc bulge. After attending 12 PT visits, he reported zero pain. About 11 months later he began a course of attorney-directed care that would see him getting 10 lumbar epidural injections over a period of five years and the need for an estimated 2 -3 epidural injections per year for over his 22-year life expectancy. Plaintiff continues to work but took a pay cut to shorten his commute due to constant back pain. He has a 4-year shortened work life expectancy due his partial disability.

Result

$8,160 for past non-economic damages; zero economic damages and future economic damages.

Deliberation

1.5 hours

Length

five days