Facts

In September 2000, plaintiff Eugene Kefalas was driving on Interstate 405 south of McFadden Avenue in Westminster. Defendant George Squier rear-ended plaintiff. As a result, plaintiff was pushed into the rear of the vehicle in front of him.

Plaintiff sued defendants Squier and Progressive Preferred Insurance Co., alleging motor vehicle negligence and underinsured motorist. Defendant Squier conceded liability and settled his case for $50,000, the limit of his insurance policy. Plaintiff and defendant Progressive proceeded to arbitration on the underinsured motorist claim. Defendant Progressive contended that the settlement amount reached with defendant Squier constituted sufficient compensation.

Specials in Evidence

Plaintiff sought almost $47,000. Plaintiff sought $30,000.

Damages

Plaintiff claimed an unspecified sum for pain and suffering.

Injuries

Plaintiff lost consciousness and later experienced back and neck pain. He eventually also felt pain in his shoulder, arm, hand and hip. Plaintiff's chiropractor diagnosed him with traumatic cervicobrachial and lumbosacral syndrome with sciatica. His orthopedist diagnosed him with musculoligamentous injuries of the spine and a sprain of the right shoulder and elbow. Therapy was recommended. When plaintiff did not respond to the therapy, MRIs were ordered, which revealed impringement syndrome of the right shoulder and loose bodies in the right elbow. Plaintiff's orthopedic surgery expert later performed procedures which required an incision over the posterior aspect of the elbow joint and a resection of the olecranon bursa.

Result

The arbitrator found for plaintiff and awarded him $182,613. This amount was in addition to the $50,000 settlement reached with defendant Squier.