Facts

Fung Lam was driving a cargo van on the freeway when he was rear-ended by a tractor trailer driven by Larry Daigle as he slowed down due to debris on the road. He suffered injuries as a result of the impact. He sued Daigle and his employer for negligence and vicarious liability. Defendants conceded liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the driver was inattentive to road conditions, which caused the accident.

Damages

He sought $109,471 for past medical costs; $396,000 for future lost earnings; and unspecified amount of damages for pain and suffering.

Injuries

Lam suffered from head, neck, back, and shoulder injuries. He underwent a discogram and a discectomy. He was later diagnosed with a traumatic brain injury and claimed a permanent brain damage that woudl require future care. He returned to work in a limited capacity and claimed residual pain and discomfort from his orthopedic injuries. Defendants disputed that the accident was the cause of his brain injuries and claimed it was the onset of early Alzheimer's disease or dementia. Plaintiff's neurologist agreed with this finding.

Result

The parties, through the guidance of a mediator, settled the matter for $287,500.