Facts

Plaintiff Joseph Gomez stopped his vehicle for a red light. When the light turned green, he began to accelerate, and his car was struck from the rear by Sasha Vasquez' vehicle. Vasquez failed a field sobriety test and was arrested for driving under the influence of alcohol and underage drinking.

Plaintiff filed suit for negligent operation of a motor vehicle. Defendant conceded liability for the accident.

Settlement Discussions

Plaintiff demanded $100,000. Defendant initially offered $9,500, but agreed to $100,000 after an independent medical examiner opined that plaintiff might require a future two-level fusion surgery and multiple steroid injections that would cost about $70,000.

Specials in Evidence

Plaintiff entered $6,223 in medical costs for his treatment, physical therapy, and a steroid injection.

Damages

Plaintiff was unable to continue his career as a critical care technician because his injuries prevented him from meeting the physical demands of the job. He became a licensed loan officer and began working in that field. But, he was unable to pursue his hobbies of lobster diving, surfing, and weight lifting due to his injuries. He is also unable to sit for prolonged periods of time. Plaintiff requested defendant's full $100,000 policy limit for his pain and suffering, punitive damages, and future medical costs.

Injuries

Plaintiff's pre-existing lumbosacral spondylolisthesis condition in his lower back at L5-S1 was exacerbated by the accident. He also sustained a bilateral pinched nerve at L5.

Result

The parties settled for $100,000.