Facts

On May 29, 2009 at 9:30 a.m., defendant Jane Roe, operating a 2003 Toyota Corolla, attempted to turn left from westbound Olympic Boulevard onto southbound Beverly Drive in accordance with a solid green light. At this time, plaintiff John Doe operating a 2007 Jaguar XK, attempted to proceed straight through the intersection on eastbound Olympic. A collision occurred between the front end of plaintiff's vehicle and the passenger side fender of defendant's vehicle.

Defendant admitted liability.

Settlement Discussions

Plaintiff demanded $500,000. Defendant offered $50,001 by way of an offer to compromise.

Specials in Evidence

$250,000

Damages

Plaintiff was within the course and scope of his employment at the time of the loss and his employer's workers' compensation carrier had asserted a lien. His past medical bills exceeded $60,000, but plaintiff did not seek to recover them at trial. Plaintiff asked the jury for $250,000 in future economic damages and $1.8 million in non-economic damages. The defendant asked the jury to award $8,000.

Injuries

Plaintiff had a history of cervical and lumbar fusions. He alleged neck and back injuries, as well as a traumatic brain injury. Plaintiff alleged that the orthopedic injuries would require future surgeries. Defendant admitted that the accident caused soft-tissue neck and back injuries, but denied that plaintiff would need future surgery or that plaintiff suffered a traumatic brain injury.

Result

Jury verdict for the amount of $8,000 in past general damages.

Other Information

EXPERT TESTIMONY: Dr. Ezekiel Fink testified that the collision caused disc bulges to plaintiff's cervical and lumbar spine and for which the appropriate treatment was injections and future surgery. Dr. Ezekiel Fink testified that plaintiff's future surgery and related care would cost in excess of $250,000. Dr. Fink and Mark Levine testified that plaintiff suffered a traumatic brain injury for which plaintiff, nearly four years post-accident, still suffered symptoms including daily headaches and difficulty concentrating. Dr. Thomas Ela testified that the damage to plaintiff's neck and back long pre-existed the accident and that plaintiff did not suffer a traumatic brain injury. Dr. Ted Evans testified that the accident did not cause any cognitive deficits. FILING DATE: May 13, 2011.

Deliberation

two hours

Poll

12-0

Length

one week