Facts

Christopher Bradford sued Robert Capps, Liem Dinh, and Thu Nguyen in connection with a motor vehicle accident. Capps and Nguyen were subsequently dismissed from the case.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed Dinh broadsided plaintiff's vehicle as Dinh attempted to enter plaintiff's lane. Plaintiff sustained injuries and sued Dinh for negligence.

DEFENDANT'S CONTENTIONS:
Defendant claimed the collision was only minor, contrary to plaintiff's characterization of the accident. Defendant also disputed the nature and severity of plaintiff's claimed injuries.

Settlement Discussions

Bradford made a CCP 998 demand of $120,000.

Damages

Bradford requested $27,933 in past medical costs; $81,120 in future medical costs; $100,000 in past pain and suffering damages; and between $108,953 and $217,906 in future pain and suffering damages.

Injuries

Bradford claimed injuries to his back and left knee. He was diagnosed with a torn elbow and left shoulder and underwent surgery to repair them. Plaintiff also claimed the accident aggravated a pre-existing arthritic wrist and elbow. He treated the injuries and pain with cortisone injections, pain medication, and chiropractic treatment. Plaintiff claimed his condition prevented him from enjoying scuba diving, martial arts, and other activities he enjoyed prior to the accident. Defendant agreed that plaintiff sustained soft tissue injuries and a torn left elbow, but disputed the shoulder tear and ongoing aggravation of left elbow and wrist arthritis. Defendant stipulated to the amount of plaintiff's past medical specials as reasonable but disputed the entire amount was related to the accident.

Result

The matter proceeded to non-binding arbitration, resulting in a $90,000 award in Bradford's favor. Bradford, however, rejected the award so the matter proceeded to trial. Ultimately, the jury rejected plaintiff's contention that the left shoulder tear, future medical treatment for left shoulder, left wrist arthritis, and medical treatment for wrist arthritis were related to the accident. The jury awarded Bradford $87,631 in damages, consisting of $16,764 in past medical expenses, $50,867 in future medical expenses, $10,000 in past pain and suffering, and $10,000 in future pain and suffering.

Deliberation

two days

Poll

10-2 (causation)

Length

two weeks