Lillie Moore v. Richard Mercer
Published: Mar. 2, 2013 | Result Date: Nov. 7, 2012 | Filing Date: Jan. 1, 1900 |Case number: CMS 00081045 Verdict – $522,689
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Philip J. Orisek M.D.
(medical)
Mark Diaz
(medical)
Defendant
Vickie J. Schweitzer
(medical)
Facts
In September 2008, Lillie Moore and Richard Mercer were both stopped at a red light, side by side. When the light turned green, Mercer attempted to turn right and hit Moore's car. The collision was at 5-10 mph and there were no injuries or complaints of pain by anyone at the scene. Plaintiff was 29 years old at the time of the incident. She was belted in the front passenger seat.
Settlement Discussions
Plaintiff made a pre-trial CCP 998 offer of $149,000 (pre-surgery). Defendant made a CCP 998 offer of $301,000 10 days prior to trial (post-surgery).
Specials in Evidence
Moore sought $191,000 in past medical specials. None
Damages
The property damage to Plaintiff's car was $1,200, and to Defendant's car was $800.
Injuries
Plaintiff developed lower back pain a few days after the incident and was seen by Mark Diaz, M.D., who referred her to physical therapy. She was also seen by a chiropractor. A few months later, Plaintiff was seen by an orthopedic surgeon, Phillip Orlsek, for low back pain. Dr. Orisek recommended conservative care to include physical and aqua therapy, which Plaintiff did at various times for the next three and a half years. Ultimately, Plaintiff returned to Dr. Orisek for single level disc replacement in February 2012.
Result
Moore was awarded $522,689.
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