Facts

On Dec. 20, 2006, defendant Paul Landeros' delivery truck rear-ended plaintiff Osmin Calderone's vehicle, while plaintiff's vehicle was stopped at the intersection of Mason Street and Corsico Street in Chatsworth. The estimated speed of defendant's delivery truck at the moment of impact was approximately 35 mph. Plaintiff's vehicle was totaled.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the force of the impact caused him to suffer several herniated discs in his lower back and argued that none of his injuries should be apportioned to the prior motor vehicle accident.

DEFENDANT'S CONTENTIONS:
Defendant stipulated to liability but argued that plaintiff presented with significant pre-existing lower back injuries due to a motor vehicle accident which occurred on Nov. 10, 2006. Defendant argued that plaintiff's care, treatment and medical expenses (including the surgery) should be substantially apportioned to the prior accident of Nov. 10, 2006.

Settlement Discussions

The parties were unable to resolve the matter at a mediation held on Aug. 18, 2009. At a settlement conference held with the Hon. Randy Rhoads on eve of trial, the parties were unable to resolve the matter.

Injuries

The impact caused plaintiff to suffer cervical and thoracic sprain/strain as well as herniated discs at L4-5 and L5-S1. After three months of chiropractic care and three lower back epidural injections, plaintiff's lower back injuries did not resolve. Plaintiff underwent microdiscectomy surgery on May 26, 2009.

Result

The jury found in favor of plaintiff, awarding $387,488 ($120,170 for past medical costs, $38,240 for future medical costs, $4,078 for lost wages, and $225,000 for non-economic damages).

Other Information

Plaintiff filed a costs bill (including prejudgment interest of $29,062) for $48,358. FILING DATE: July 18, 2008.

Deliberation

five hours

Poll

12-0 (liability); 10-2 (damages)

Length

five days