Freeway rear-ender leads to low offer but $169,289 verdict for neck injuries. Orange County.

Summary

Freeway rear-ender with admitted liability leads to dispute over neck injury. $30,000 offer (CCP 998) but $169,289 verdict plus interest.

Gross Verdict or Award: $169,289
Economic Damages:
Past: $53,289

Future: $86,000
Non-Economic Damages:
$30,000
Trial or Arbitration Time: 3 days
Jury Deliberation Time: 6 hours
Jury Polls: 6-0
Post Trial Motions & Post-Verdict Settlements: Defendant paid plaintiff an additional $18,816 in CCP 998 penalties.

Attorney for the Plaintiff:
Law Office of John P. Burns by John P. Burns, Newport Beach
Attorney for the Defendant:
Maguire & Associates by Tobin Ando, Costa Mesa

Plaintiff’s Medical Experts:
Brent Smith, D.C., treating chiropractor, Irvine.
Brian Irvine, D.C., chiropractor, Torrance.
Standifored Helm, M.D., treating pain management specialist, Laguna Woods.
Jeffrey Gross, M.D., treating neurosurgeon, Laguna Niguel.
Defendant's Medical Experts:
Charles Rosen, M.D.,
Plaintiff's Technical Experts:
John Gardiner, Ph.D.,
Defendant's Technical Experts:
None.

Facts and Background:
Plaintiff's car was rear-ended on the 405 freeway in Irvine. Property damage to plaintiff's Honda Accord was in the amount of $1,800. Plaintiff sustained neck injuries. Defendant admitted liability.
Plaintiff's Contentions:
That plaintiff suffered a serious, life-long neck injury in the collision; that plaintiff was entitled to compensation for her past medical bills and past and future pain and suffering.
Defendant's Contentions:
Defendant contested severity of injury. Defense medical expert testified that plaintiff received no more than a strain/sprain which should have resolved after eight weeks of chiropractic treatment and that her hand and arm symptoms were from carpal tunnel syndrome.

Physical Injuries claimed by Plaintiff:
Injury to cervical spine of neck, causing neck pain, left trapezius muscle pain, left arm pain and radiating numbness and tingling in plaintiff's left arm and hand.

Post-accident MRI of plaintiff's neck showed 3.5 mm disc bulge. Nerve-block procedure showed nerve damage in plaintiff's neck at spinal level C5-C6.
Plaintiff's counsel had plaintiff's car re-inspected after repairs had been done and discovered that the internal rear bumper had not been replaced as was required. Defendant's carrier paid plaintiff an additional $369 for the additional property damage shortly before trial.

Special Damages Claimed - Past Medical: $53,289
Special Damages Claimed - Future Medical: $320,000 in life-long pain-management injections.