Ronald Gross v. Paul Michael Ruvolo
Published: Jun. 29, 2004 | Result Date: Jan. 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC803955 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Douglas H. Swope
(Law Office of Douglas H. Swope APC)
Experts
Plaintiff
Michael A. Prater
(medical)
Frank A. Perez Ph.D.
(technical)
Thomas G. Dunn
(medical)
Defendant
Eugene Vanderpol II
(technical)
William P. Curran Jr.
(medical)
Facts
On Jan. 24, 2002, the plaintiff, a 36-year-old casino host, was driving a 1990 Chevrolet Caprice in the number 1 lane on the Interstate 15 freeway and was impacted after coming to an abrupt stop due to traffic ahead of him. The defendant was driving his 2000 Mitsubishi Eclipse in the number 1 lane directly behind the plaintiff's vehicle at 25-30 mph. He was approximately one car length behind the plaintiff's vehicle. He observed the plaintiff slam on his brakes and he applied his brakes. The defendant was unable to stop and rear-ended the plaintiff's vehicle. The defendant admitted liability at trial.
Settlement Discussions
The plaintiff demanded $100,000 policy limits; At trial, the plaintiff demanded $1.2 million. The defendant made a C.C.P. Section 998 offer of $41,000.
Specials in Evidence
$196,042 $23,100 $500,000
Injuries
The plaintiff contended that as a result of the accident, he sustained internal disk disruptions at L4-5 and L5-S1 that contributed to intractable mechanical back pain and bilateral lumbar radiculitis. The plaintiff underwent provocative discography from L2-3 to L5 to S1. The L4-5 and L5-S1 discs revealed a pain response that was concordant in location and in intensity to the patient's symptomatology that developed after the accident. The plaintiff admitted that prior to the accident, he had some symptoms of lower back pain but that the severity of the symptoms were in no way to the degree that he experienced after the accident. The plaintiff took an occasional Lortab before the accident. After the accident, the plaintiff began taking increased narcotic medications so that he could endure his symptoms. He was taking Oxycontin and Percocet which helped to reduce his pain. The plaintiff's expert testified that the plaintiff's pre-accident condition was related to a herniated disc at the L2-3 level. The accident made the L4-5 and L5-S1 discs symptomatic. Given the change in the plaintiff's symptoms, as confirmed by the discogram, the expert concluded the accident was the cause of the plaintiff's lower back symptoms and the subsequent need for surgery. The plaintiff's treating physician estimated that the plaintiff will require life long pain management even though he underwent the two level fusion procedure. The defendant did not dispute that the plaintiff had lower back problems. The defendant argued that the accident did not have sufficient forces to have exacerbated the plaintiff's lower back condition. At most, the accident would have caused a neck strain.
Other Information
The defendant filed a cost bill in the amount of $34,323. The plaintiff filed a motion for new trial on the grounds of insufficiency of the evidence to justify the verdict. The plaintiff contended that there was uncontested evidence in direct conflict with the jury's verdict. Given the plaintiff's motion for new trial, the case ultimately settled with the defense waiving costs.
Deliberation
2.5 hours
Poll
10-2
Length
four days
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