Facts

Plaintiff filed suit against defendant company in connection with a rear-end collision that occurred on July 6, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a graphics artist and animation designer on his way to a business meeting with his professional equipment and work product stored in the vehicle's trunk. Plaintiff contended defendant was traveling northbound at a high rate of speed on Interstate 5, and caused its 18-wheel truck to collide with the rear portion of plaintiff's four-door sedan.

Plaintiff claimed the full weight of defendant's truck collided with plaintiff's sedan at approximately 55 mph, and destroyed the rear portion of plaintiff's vehicle, including his extensive work product. Plaintiff also claimed that the impact caused plaintiff's head to whiplash onto his steering wheel, driver's side window, and headrest. Plaintiff claimed the accident caused approximately $20,000 in property damage to defendant's big rig, and plaintiff's vehicle was a total loss.

DEFENDANTS' CONTENTIONS:
Defendants admitted liability but disputed the nature and extent of plaintiff's injuries.

Specials in Evidence

$185,000 $204,400 $1,271,000 $106,000

Damages

Plaintiff sought $134,785 in loss of property and work product. Plaintiff claimed that he lost income from two specific projects, which would have led to future promising opportunities. Plaintiff's cognitive impairments and injuries to his right hand rendered him unable to perform any artistic work. Defendants claimed that the loss of earnings were speculative because plaintiff failed to produce adequate documentation to substantiate his earnings or a guarantee of future employment. Defendants also claimed that it was unnecessary for plaintiff to remain unemployed while treating his injuries.

Injuries

Plaintiff claimed that as a result of the impact, he struck his head in the vehicle multiple times. He was diagnosed with a mild traumatic brain injury, which caused impairment to his cognitive functions, including memory and concentration. Plaintiff claimed the impact also caused cervical radiculopathy, which required surgical intervention. Defendants claimed there was no basis for plaintiff's traumatic brain injury claim, alleging that he did not lose consciousness, was alert in the emergency room, and demonstrated no cognitive impairments during his treatment. Defendants further contended that there were no objective findings to justify plaintiff's cervical spine surgery, and argued that the incident exacerbated prior injuries.

Result

The parties reached a settlement in the amount of $1 million.