Facts

Plaintiff Roger Sabbah, 78, had a three-level lumbar fusion surgery on Dec. 6, 2012. On Oct. 4, 2013, plaintiff was rear-ended by defendant Sita Mojaradi.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the accident was severe and caused a new extrusion of disc material at the spinal level below his prior fusion, causing him to need an additional lower back surgery (L5-S1 microdiscectomy).

DEFENDANT'S CONTENTIONS:
Defendant contended that the automobile accident was so minor that it could not have caused any significant injury, and that the appearance and timing of plaintiff's bulging disc at L5-S1 was consistent with a subsequent incident after which he reported a significant increase in his symptoms after pushing a piano with his knee while moving.

Specials in Evidence

$41,096

Injuries

Plaintiff claimed permanent constant lower back pain.

Result

Plaintiff accepted defendant's CCP 998 offer of $20,000 at the conclusion of his treating neurosurgeon's deposition.