Facts

On Nov. 12, 2007, Thomas Lum lost control of his car, hit a concrete median barrier, bounced back into traffic, and collided with another car. Lum sued Marco Gonzalez, the driver of a flatbed towing truck, whom he alleged cut him off thus causing him to lose control. Whether the truck and car came into contact was disputed by the parties. He also sued William Orellana, the owner of the truck, and Jose Ortiz, the current owner of the company Gonzalez was working for at the time of the accident.

PLAINTIFF'S CONTENTIONS:
Lum claimed that Gonzalez's truck, which was carrying a car on its bed at the time, crossed from the number one lane and into Lum's path in the number two lane. He claimed that Gonzalez's negligence caused the resulting accident and his injuries. He further claimed that Orellana and Ortiz were vicariously liable for Gonzalez's negligence.

DEFENDANTS' CONTENTIONS:
Initially, the defendants argued that the accident was caused by both Gonzalez, from the number two lane, and Lum, from the number four lane, attempting to simultaneously merge into the number three lane. However, one week before trial, the defendants admitted that Gonzalez was 100 percent at fault for the collision.

Settlement Discussions

Lum offered to settle with all defendants for $600,000 or, in the alternative, against Gonzalez only for $200,000. The defendants offered to settle for $400,000.

Damages

Lum sought damages for past and future medical costs, past and future lost wages, and past and future pain and suffering. According to defense counsel: Plaintiff requested a verdict of $1.9 million. Defendant suggested a verdict of $220,282.

Injuries

Lum claimed that as a result of the accident he suffered a compression fracture of his L2 vertebral disc, disc protrusions at the L1-2 and L5-S1, damage to the facet joints, a torn posterior cruciate ligament, an avulsion fracture of the tibial plateau in his left knee, and vertigo. To immobilize and heal his spine, he was placed for two months in a clamshell back brace. His knee was also immobilized in a straight brace for two weeks. Since the accident, he has been taking pain medications, muscle relaxants, and attending physical therapy. Lum's orthopedic experts stated that he would require joint injections, probable fusion surgery for his back, and possible arthroscopic surgery on his knee. On July 16, 2008, he claimed to have experienced a vertigo attack while riding his bicycle down Mount Diablo, which caused him to fall off his bike and break his clavicle. Lum claimed the vertigo attack was caused by the accident. Causation of the fractured clavicle was disputed. As a result of his back injuries, Lum, a 34-year-old lab assistant, claimed that he was unable to work full time and may never be able to again. Defendants' expert testified that Lum's vertigo would resolve itself in five years, that Lum's back pain would resolve on its own, and the he would not require surgery for either his back or his knee.

Result

The jury awarded Lum $580,975, which consisted of $53,932 for past medical costs, $120,000 for future medical costs, $22,855 for past lost wages, $19,188 for future lost wages, $65,000 for past pain and suffering, and $300,000 for future pain and suffering. According to defense counsel: The jury determined that the bicycle accident was not related to the motor vehicle accident, and denied all special damages related to that incident.

Other Information

The defendants neither attended nor testified at the trial.

Deliberation

one day

Length

four days