Facts

On June 10, 2011, plaintiff Ricky Griffin, 50, was stopped in stop-and-go construction traffic on the southbound 405 freeway in Los Angeles. Plaintiff's 2001 Chevy Suburban was rear-ended by a 2003 Dodge Grand Caravan driven by defendant Rupinder Singh Johal, 20. Defendant was traveling between 20-35 mph. The impact pushed plaintiff's Suburban into the rear of another vehicle in front of him.

Defendant admitted that he was looking down at his I-pod charger when the impact occurred.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was negligent for failing to use reasonable care in the operation of his vehicle.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff had a long history of back and shoulder problems. Defendant presented evidence of 23 years of medical records showing prior back and shoulder complaints. As a result, defendant argued that there was no causation between the incident and plaintiff's alleged injuries. Defendant also disputed the nature and extent of plaintiff's injuries and damages.

Plaintiff had two 5mm disc protrusions, one at C5-6 and one at C6-7. Plaintiff's expert witness, Dr. Weinstein, opined at the trial that one of the two protrusions pre-dated the accident. In addition, plaintiff's spine specialist and treating physician Alexander Iezza MD, who defendant says, would not travel from his office in Santa Rosa, testified via a 90 minute videotaped deposition at the trial.

Settlement Discussions

Before trial, plaintiff made a CCP 998 demand for $300,000. Defendant did not accept that offer. Before trial, defendant made a CCP 998 offer for $55,001. Plaintiff did not accept that offer.

Injuries

Plaintiff suffered a 5-millimeter disc bulge of the cervical spine at C5-6 and a partial thickness rotator cuff tear in his left shoulder. At trial, plaintiff argued that he would need an anterior cervical fusion in the future. Defendant argued that the disc bulge was pre-existing and that plaintiff was not a candidate for any surgeries.

Result

Plaintiff was awarded $1,030,265 as follows: $16,304 past medical expenses; $166,500 future medical expenses; $22,461 future lost earnings; $75,000 past non-economic damages; $750,000 future non-economic damages. The jury found defendant 100 percent liable for the incident. Plaintiff was also entitled to expert and non-expert costs from defendant.

Other Information

INSURER: Defendant had a $300,000 primary automobile insurance policy and $1 million umbrella policy both with GEICO.

Length

four days