In an auto v. auto collision which occurred in northern California, a jury returned $4,500,000. award in favor of plaintiff.
FACTS: In 2005, plaintiff was driving on an Interstate Highway when he was rearended by defendant a sheriff who was operating a vehicle owned by the county. Plaintiff brought a personal injury action against the county and the sheriff.
Defendants did not dispute liability.
INJURIES:
Plaintiff sustained injuries primarilly to the low back ( which required surgery), headaches, neck injury, wrist injury and loss of consortium. Plaintiff had a preexisting low back condition and had other back surgeries before this auto collision. The surgery plaintiff underwent after the 2005 auto accident did not relieve his back pain.
DAMAGES:
Plaintiff claimed 475,000.00 in medical expenses: $140,000.00 in lost wages and $2,100,000. in future lost wages. Plaintiffs spouse claimed damages for loss of consortium.
The defense maintained that plaintiff could mitigate his future damages by undergoing yet another low back surgery and that another surgery would allow him to resume employment. The defense argued to the jury that they should award an amount to plaintiff far less than what the jury returned.
JURY TRIAL : 8 days.
SETTLEMENT DISCUSSIONS: Prior to trial plaintiff made a C.C.P. 998 demand for $1,900,000. Defendant made a return offer of $1,000,000.
The Jury returned a verdict in favor of plaintiff for $4,500,000.
LESSON TO BE LEARNED: The defense should fully evaluate their exposure and risk of proceeding with litigation. As evidenced by this case where the Jury returned an award for an amount far greater than what the plaintiff had offered to settle for.
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Lunetto & Hegel
Attorneys at Law
2000 East Fourth Street
Suite 120
Santa Ana, California 92705
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