Facts

Plaintiff Sung Chul Kim sued defendant Stanley Adams concerning a collision that occurred on Madera Drive in Simi Valley.

PLAINTIFF'S CONTENTIONS:
Kim contended that as he entered the left-turn lane, defendant rear-ended him. The collision caused Kim's vehicle to be propelled into Guy Dougherty's vehicle, which was stopped in the left hand turn lane in front of Kim.

DEFENDANT'S CONTENTIONS:
Adams claimed that Kim lost control of his vehicle as he entered the left-turn lane and impacted the rear of Dougherty's vehicle first, causing Adam's vehicle to collide into the rear of Kim's vehicle thereafter. Adams also claimed that Kim made an unsafe lane change into the left-turn lane causing Adams to collide into the rear of Kim's vehicle, and then causing Kim's vehicle to strike the rear of Dougherty's vehicle.

Settlement Discussions

Kim made a CCP 998 demand of $100,000. Adams offered $10,000.

Specials in Evidence

$31,147 none none $141,426

Injuries

Kim, 38, received a single epidural injection before arbitration and claimed that he was a candidate for total disc arthroplasty of the lumbar spine with prodisc-L at one level. Adams claimed that Kim only suffered soft tissue sprains and strains and that any spinal condition was the result of degenerative conditions, consistent with age.

Result

Arbitration award in favor of Kim in the amount of $227,382 as follows: $87,382 economic, and $140,000 non-economic, with an offset for amounts already paid by Adam's insurance carrier for property damage to Kim.

Other Information

INSURER: Hartford Insurance Co. FILING DATE: Dec. 19, 2012.