Facts

On Sept. 7, 2006, plaintiff Lynn Nine, a 71-year-old retiree, was operating his 1989 Honda vehicle eastbound on the 101 freeway when traffic suddenly stopped. While at a complete stop, plaintiff's vehicle was rear-ended by defendant Downes' 2006 Cadillac.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant driver was negligent in the operation of a motor vehicle and that all of plaintiff's claimed injuries were a direct result of the accident.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but disputed the nature and extent of plaintiff's claimed injuries.

Defendant claimed that plaintiff had a long-standing history of multiple other orthopedic problems that require surgeries to both knees and the opposite shoulder prior to the accident and that plaintiff would have required right shoulder surgery even if the accident did not occur.

Settlement Discussions

Plaintiff demanded $300,000. Defendant offered $5,000.

Specials in Evidence

$97,093 $39,000

Damages

Plaintiff's vehicle had approximately $1,000 in cosmetic damage.

Injuries

As a direct result of the collision, plaintiff suffered injury to his neck, shoulders, back and right shoulder. He received physical therapy to the injured areas. Because of the ongoing pain, plaintiff underwent a right shoulder MRI, which revealed a full thickness rotator cuff tear. He also underwent a right shoulder arthroscopic surgery. He continued to have right shoulder symptoms and had a right shoulder CT arthrogram, which confirmed a recurrent rotator cuff tear. Plaintiff's orthopedist advised plaintiff that he may require a second right shoulder arthroscopic surgery. Defendant disputed the need for a repeat right shoulder surgery, and claimed that this was a minor impact accident that could not have caused plaintiff's claimed injuries. At the arbitration, defendant's orthopedic expert admitted that he agreed with the plaintiff's orthopedist that the need for the surgery was a direct result of the motor vehicle accident.

Result

Shortly before trial, the parties agreed to a binding arbitration before the Hon. Bruce Sottile, retired, with a $10,000 low and $200,000 high, with the limits to be undisclosed to the arbitrator. The arbitrator awarded $300,000. Defendant paid the high limit of the arbitration of $200,000.