Confidential
Verdict – $196,903Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Maria H. Skinner
(Mark R. Weiner & Associates)
Experts
Plaintiff
Gary E. Brazina
(medical)
Defendant
Michael J. Eckerson
(technical)
Jerome Covin
(medical)
Facts
On Dec. 14, 1995, the plaintiff, a 42-year-old carpenter/construction worker was working with a co-worker on a remodeling job on a private residence that had been damaged in the Northridge Earthquake. The plaintiff was standing in the front driveway of this house when the defendant driver of a Corvette was proceeding on Canoga Avenue when his car accelerated at a high rate of speed, veered off the roadway, went across the lawn of an adjacent home and cleared a set of bushes striking plaintiff airborne and knocking him into a pick up truck. The plaintiff sued driver claiming he was negligent. The driver was also injured and filed a lawsuit against a service shop claiming that they had recently worked on the vehicle and that they had improperly placed an air hose clamp in such a manner so as to interfere with the throttle, causing the pedal to stick. The plaintiff in this case sued both the driver of the Corvette and the service shop. The two cases were consolidated. Later in the case the car dealer was added to the lawsuit, however they settled out for a nominal $2,000. The plaintiff Corvette driver in the companion was defensed since the verdict was against him only. The details of his representation and his witnesses are not disclosed in this summary.
Settlement Discussions
The plaintiff initially made a statutory offer of $50,000 which was the policy limits against the insurance in January 1997. Later on after depositions were taken, the plaintiff was willing to accept the total sum of $35,000 against all defendants. The reason for this lowered settlement demand was because of the pre-existing problems as well as the felony conviction. The defendant repair shop offered $15,000 and the driver offered nothing. The plaintiff at one point indicated that if the defendant insurance would settle for $10,000, he would consider accepting it. Because of insurance failure to settle within the policy limits, the full amount of the verdict including prejudgment interest and costs has been paid. The defendant repair shop claimed costs against the driver only and not against the plaintiff in this action.
Damages
The plaintiff claimed $5,663 in medical bills plus the need for the partial shoulder replacement. No lien was submitted by the hospital, but plaintiff's doctor indicated approximately costs of said surgery would have been approximately $15,000.
Injuries
The plaintiff had a pre-existing shoulder injury which required surgery 11 months prior to this accident and plaintiff had seen a doctor 10 days before this accident complaining of some discomfort in his left shoulder. The plaintiff claimed a severe aggravation of the left shoulder as well as numerous soft tissue injuries to the neck and back and a laceration to the hand. Ultimately, a year and a half later, the plaintiff underwent a partial shoulder replacement. The defendant argued that plaintiff's injuries were soft tissue in nature only and that the shoulder surgery was not due to the accident, but was a progression of the pre-existing condition and would have been necessary any way. The plaintiff's doctor indicated that five years down the road, plaintiff would have needed this surgery anyway, but the accident accelerated the need for surgery. The defendant's doctor was impeached regarding range of motion studies.
Other Information
The plaintiff had a prior felony conviction which was excluded by the court per plaintiff's motion in limine. Because of difficulties in proof plaintiff did not make a specific claim for loss of earnings. The plaintiff's attorney asked the jury to award a total verdict in the amount of $152,000 and the jury rendered a verdict in the amount of $160,000.
Deliberation
four hours
Length
six days
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