Facts

On Sept 3, 2004, defendant Steven Norris, 18 years old, was driving down a canyon road with his best friend, plaintiff Brian Weiss, as his front seat passenger. The defendant went too fast around a curve, hit the brakes and slid across the centerline, where he collided at high speed with an oncoming van. The defendant admitted liability but disputed the nature and extent of plaintiff's injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that his right shoulder complaints, which started immediately with the accident, had to be caused by the accident because he had them immediately and never had any before, plus they were proven to exist by MRI and surgery.

DEFENDANT'S CONTENTIONS:
Defendant contested the claim that plaintiff complained immediately following the accident about the right shoulder. Further, defendant contested what the MRI showed and what was visualized and repaired during the shoulder surgery. Plaintiff was shown to have been untruthful about a weightlifting incident.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $49,999. The defendant made a C.C.P. Section 998 offer for $20,000 (as per defense counsel); $15,000 (as per plaintiff's counsel).

Specials in Evidence

$23,897

Injuries

The plaintiff claimed torn superior glenoid ligament, torn coracromial ligament and SLAP tear of right shoulder. The right shoulder complaints led to an MRI/arthrogram, surgery recommendation and ultimate surgery four months post-accident. Repair to two torn ligaments was allegedly made.

Result

The jury awarded plaintiff $2,500.

Deliberation

one hour

Length

four days