Samantha Elliott v. Lewis, Rick Vance Trucking, and Rick Vance
Published: Apr. 6, 2013 | Result Date: Mar. 20, 2013 | Filing Date: Jan. 1, 1900 |Case number: 34-2011-00107465 Verdict – $1,208,400
Court
Sacramento Superior
Attorneys
Plaintiff
Lawrance A. Bohm
(Bohm Law Group Inc.)
Charles S. Bracewell
(Hildebrand, McLeod & Nelson)
Defendant
John P. Cotter
(Diepenbrock & Cotter LLP)
Experts
Plaintiff
Robert Lindskog
(technical)
Gary T. Moran
(technical)
Richard H. Andersen
(technical)
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
Charles D. Rosen M.D.
(medical)
Defendant
Gregory W. Sells
(technical)
Philip R. Weinstein
(medical)
Karl F. Gregorius
(medical)
Tamara Rockholt
(medical)
Facts
Samantha Elliott was rear-ended by a fully loaded 73,000 pound logging truck. Although the estimated speed at collision was between 6 and 7 miles per hour, Elliott's vehicle, a small Nissan Maxima, was pushed forward into a Toyota Prius. Elliott suffered injuries as a result thereof, and her vehicle was declared a total loss. She sued Robert Lewis, the truck driver, Rick Vance Trucking, and owner, Rick Vance.
Settlement Discussions
Plaintiff's pretrial demand was $1.5 million (via statutory offer CCP 998) and plaintiff asked the jury to award $18 million.
Damages
Plaintiff sought $3,446,000 in economic damages ($2.6 million in future medical, $700,000 in future wage loss, $146,000 in past medical).
Injuries
Elliott suffered from persistent pain in her neck and arms that interfered with her ability to sleep. More than a year following the accident, numbness in her arms and severe headaches interfered with her ability to enjoy life and work. She received a one level artificial disc replacement that initially resolved her problems. However, the problems persisted one year after the surgery that steadily increased in frequency and severity. Plaintiff presented medical evidence that she will need to have the artificial disc removed in approximately 15 years and that disc removal will require three, future corrective spinal surgeries.
Result
The jury awarded Elliott $1.2 million in damages, including $708,401 in economic damages, as $146,000 in past medical, $43,000 in future wage loss and $517,731 in future medical.
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