Facts

Plaintiff David Revill, 72, retired, and his long-term partner, Constance Brower, 70, sued McCain, in connection with the three-car rear end collision that occurred on Oct. 22, 2011.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended he was rear-ended while his car was in a stopped position. Revill sustained injuries to his neck, shoulders, arms, lower back and right hip. Revill sued McCain for negligence in the operation of his vehicle, which caused a three-car collision. Revill stated that he was stopped in the northbound lane of Beach Blvd. near Lampson Ave., in Stanton, behind a public transportation bus. The defendant crashed his vehicle into the car behind Revill, being driven by Laura Lighter, and the force of this caused the vehicle directly behind Revill to rear-end his vehicle.

DEFENDANT'S CONTENTIONS:
Although defendant took responsibility for the accident, he claimed that Revill had pre-existing degenerative joints in his right shoulder before the accident and therefore was not responsible for the limitations, pain or treatment sought.

Settlement Discussions

Minimum for the policy was $15,000 and the maximum was $50,000.

Specials in Evidence

$55,483.70

Damages

None of the cars were towed at the scene of the accident and there was no police report. Both Revill and Lighter's vehicles were eventually deemed totaled.

Injuries

Revill claimed injuries to his C4-C5, a 4 mm broad-based left paracentral disc protrusion, associated disc desiccation and loss of disc height. Also, injuries to his C5-C6, a 2 mm broad-based central focal disc protrusion, and his C6-C7, including disc desiccation and slight disc bulging. Plaintiff also claimed injuries to his T2-T3, of slight disc bulging, high grade partial thickness tear of the humeral insertion of the exterior tendon; complete or near-complete tear of the humeral insertion, radial collateral ligament; mild strain, humeral insertion of anterior band ulnar collateral ligament; large joint effusion; complex tearing and tendinitis distal supraspinatus and infraspinatus tendons, a full thickness tear noted at the anchor of the supraspinous tendon. Revill underwent chiropractic treatment to improve his right shoulder, but after little improvement, his orthopedic surgeon determined that surgery was necessary to repair his partially torn rotator cuff. The first surgery resolved the pain symptoms temporarily, but Revill continued to suffer from ongoing weakness and instability. Despite physical therapy, Revill's pain returned. The pain, coupled with weakness and instability, led to a second rotator cuff surgery to repair a complete tear. After surgery, Revill received seven months of physical therapy for his shoulder.

Result

Through binding arbitration, the arbitrator awarded $44,060.69 for medical expenses and $40,000 in general damages, for a total award of $84,060.69. Due to the high/low agreement of $15,000 and $50,000, the award was reduced to $50,000.

Other Information

Constance Brower was not part of the arbitration. Her case settled the year before. INSURER: State Farm Insurance for Michael McCain. FILING DATE: Oct. 15, 2013.