Facts

James Heath sued John Romero and the City of San Diego, in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
PPlaintiff alleged that on June 28, 2010, he was driving in San Diego when he was T-boned by a vehicle driven by defendant Romero who was operating a city-owned van. Plaintiff was injured as a result and sued defendants for negligence and vicarious liability. Plaintiff contended that defendant Romero caused the accident by changing lanes unsafely in that he failed to check the lane before merging.

DEFENDANTS' CONTENTIONS:
Defendants argued that plaintiff was partly at fault for the accident. Defendants also argued against the extent of plaintiff's alleged injuries and his alleged need for future surgery.

Settlement Discussions

Heath made a CCP 998 demand of $400,000, which defendants countered with a CCP 998 offer of $125,000.

Damages

Heath requested $173,769 in past medical expenses, $95,000 in future medical expenses, and an unspecified amount in pain and suffering damages.

Injuries

Heath claimed he injured his neck and back, and continued to experience pain in those areas despite chiropractic and medical intervention. He underwent back surgery, but he continued to experience pain in the neck and his range of motion decreased. Plaintiff also claimed he would need future surgery.

Result

The jury found Romero entirely liable for the accident, and awarded Heath $1,303,000 in total damages, which included $150,000 in past medical expenses, $75,000 in future medical expenses, $78,000 in past pain and suffering, and $1,000,000 in future pain and suffering.

Other Information

POST-TRIAL: While a motion for new trial was pending, the parties settled for $950,000.

Deliberation

one day

Poll

12-0 (liability), 10-2 (damages)

Length

six days