Facts

Defendant Pacific Coast Elevator employee struck plaintiff Daniel W. Bean, 42, from behind at a stoplight. Plaintiff was treated for 2½ years and then was struck again in a more violent rear-end collision. Within a year, plaintiff had a C3-4 fusion and recovered well.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that his problems and surgery were primarily caused by the initial accident and it caused a significant impact on his life because he could not be as active as he was and his work skill-set was diminished.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff's problems and surgery were primarily caused by a second accident (which earlier settled for $15,000). Defendant also claimed that plaintiff was now active with no future medicals or loss of earnings.

Settlement Discussions

Plaintiff made a CCP 998 demand of $1 million, lowered to $750,000 in mediation. Defendant offered $70,000 in mediation.

Specials in Evidence

$155,752 $4,215 none none

Result

The verdict was for $1,271,594, which consisted of $126,594 in economic damages and $1,145,000 in noneconomic damages.

Other Information

Defendant's Motion for New Trial and Motion for Remittitur are pending. FILING DATE: Nov. 19, 2010.

Deliberation

one day

Poll

12-0 (liability and causation and some damages questions), 10-2 and 9-3 (some damages questions)

Length

five days