Facts

Plaintiff Jose H. Davila was involved in a low speed side swipe collision in the City of Long Beach. A City of Long Beach employee, defendant Craig A. Williams was driving a trash truck in the course and scope of his employment and entered plaintiff's lane contacting the side of plaintiff's vehicle.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed defendant City of Long Beach was 100% at fault for the collision.

DEFENDANT'S CONTENTIONS: Defendant City of Long Beach was only partially at fault and a third party driver bears some fault for the collision as it drove into the path of the City's trash truck causing the trash truck to change lanes.

Settlement Discussions

Defendant's last offer prior to trial was $20,000.

Specials in Evidence

Meds: $359,006

Damages

Plaintiff's vehicle sustained $7,500 worth of property damage.

Injuries

Plaintiff suffered lower back injuries with radiculopathy. He claimed his medical care over the course of five years which included conservative care, pain management injections, and a low back procedure was reasonable, necessary and caused by the collision. Defendant claimed that plaintiff only suffered a muscle sprain/strain which should have resolved in three months and the forces of 0.1-2mph delta v were not enough to cause the injuries claimed by plaintiff. Defendant further claimed that plaintiff's almost two year gap in treatment prior to his lower back procedure was evidence he was not in pain, the treatment was not related to the collision, and plaintiff had degenerative disc disease. Defendant claimed that plaintiff's outstanding medical bills from his treatment on a lien were inflated.

Result

$579,500 verdict in favor of plaintiff. 100% of fault on City of Long Beach

Deliberation

3.5 hours

Poll

11-1 (damages), 12-0 (negligence)

Length

four days