Facts

On March 11, 2008, Eric Solander drove a van on the I-10 freeway. Sharen Eskridge, Colleen Gerken, and John Gerken were passengers in the vehicle. A vehicle driven by David Johnson sideswiped Solander's car, causing Solander's car to flip over. Solander, Eskridge, and the Gerkens filed a lawsuit against Johnson, alleging motor vehicle negligence.

Eskridge underwent several surgeries as a result of the accident. She settled for $800,000 before trial.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Johnson fell asleep while driving the car, and drove in a negligent manner.

DEFENDANT'S CONTENTIONS:
Johnson admitted liability only damages. He disputed causation of those damages.

Settlement Discussions

The Gerkens initially demanded $49,000 each. However, their demand was made before discovery was conducted. A request made by defendant for additional time to respond to the demands was denied. All additional demands by the Gerkens exceeded $100,000. Solander demanded $74,000. The defense offered $60,000 to Colleen, $15,000 to Solander, and $1,000 to John.

Damages

Solander sought $14,067 in past medical costs, $1,850 in future medical costs, $99,400 in past pain and suffering, and $215,448 in future pain and suffering. Colleen Gerken asked for $14,312 in past medical costs, $15,375 in future medical costs, $1,550 for lost property, $358,600 in past pain and suffering, and $459,880 in future pain and suffering. John Gerken sought $110,000 for loss of consortium.

Injuries

Plaintiffs' injuries included traumatic arthritis, chronic pain syndrome, contusions, decreased range of motion, gastrointestinal complications, loss of consortium, shoulder injury, steroid injections, strains, sprains, and wrist injury. One plaintiff obtained chiropractic care and physical therapy.

Result

The jury awarded plaintiffs $75,837, giving Colleen Gerken $55,092, Solander $15,745, and John Gerken $5,000.

Other Information

State Farm Mutual Automobile Insurance Co. insured defendant.

Deliberation

six hours

Length

seven days