Facts

Thomas Ramar sued James Jacobson based on a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Dec. 4, 2009, a vehicle driven by James Jacobson rear-ended plaintiff's car. Plaintiff alleged defendant drove negligently.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff was already 100 percent disabled because of cumulative injuries he suffered because of his work as a fireman and that plaintiff was not a surgical candidate. Defendant also claimed that, months after the accident, plaintiff was in another accident, making it unfeasible to pinpoint his injuries to defendant.

Settlement Discussions

Plaintiff demanded $74,950 under CCP Section 998 and defendant offered $23,888 under CCP Section 998.

Injuries

Plaintiff suffered aggravation of a pre-existing injury, fractured teeth and lowered back injury. He received chiropractic care.

Result

The jury awarded Ramar $13,076, determining that defendant was a substantial factor in the injuries, but not all of them.