Confidential
Settlement – $190,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Jay A. Nunez
(Law Offices of Gregory J. Lucett)
Experts
Plaintiff
Gary L. Douglas
(medical)
Defendant
Richard Greenfield M.D.
(medical)
Facts
On Feb. 17, 1999, the defendant driver was driving a delivery truck owned by, and in the course and scope of his
employment of defendant employer. The defendantÆs truck rear-ended a Ford F150 truck which hit the
plaintiffÆs Toyota Corolla and caused her car to smash into a truck in front of her. The plaintiffÆs car was a total
loss.
The plaintiff, age 41, is a registered nurse and was driving in the course and scope of her employment.
The defendants admitted liability, but argued causation.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $300,000 (policy limits). The defendant offered $75,000. Ten days before trial, the defendants bought the worker's compensation lien ($50,000) for $33,000 and sent plaintiff a C.C.P. Section 998 for $116,000 new money. The plaintiff did not respond to either offer by the defendants. After voir dire, the defendant requested settlement conference with trial judge.
Specials in Evidence
$21,000. Last $15,000 new money is contingent on the plaintiff undergoing surgery within one year of trial date. $44,000 $12,000 - $15,000 $6,000
Injuries
The plaintiff suffered a cervical strain, concussion and injury to her left shoulder. Cervical strain and concussion cleared after four months, however at five months post crash, she was diagnosed with impingement syndrome in left shoulder. Conservative therapy failed. The plaintiff had arthroscopic surgery on Jan. 28, 2001. She could not return to work for nine months after surgery. She has permanent restrictions in movement of left arm and will require additional surgery to remove heterotropic bone growth which was a complication of first surgery. The plaintiff is now employed in nursing, reviewing charts, at same salary. However, she will never be able to return to clinical nursing due to left arm restrictions.
Other Information
The case was settled on the second day of trial, after voir dire. In his report, the defendantÆs expert Richard Greenfield, stated that the plaintiffÆs left shoulder injury was entirely due to degenerative arthritis from repetitive wear and tear on the shoulder. Greenfield had testified in another matter that 95 percent of the time, when a patient has symptoms of degenerative arthritis in the AC joint, it appears first in the shoulder on the dominant side (the plaintiff was right handed).
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