Box truck rear-ends auto at red light at low speed; causation and damages contested $3.29M. Sacramento County.

Facts and Background

• Facts and Background:

  Plaintiff was stopped at a red light when his Acura was hit from behind by defendant’s 26-foot box truck.

• Plaintiff's Contentions:

  That there was significant impact when his auto was hit by the much heavier truck, despite the low speed impact.

  That defendant was negligent for failing to operate his vehicle safely. That as a result of defendant’s negligence, plaintiff suffered permanent injuries and impairment.  Although plaintiff had prior low-back pain and treatment, this was more than seven years before the collision and he was completely asymptomatic and had no physical limitations during that time. That he was an "egg shell" plaintiff.

  As to damages, plaintiff also argued that because UC Davis balance-billed for his past medical treatment, the past medical bills should be the reasonable and customary number, which plaintiff’s expert determined to be $993,000, and not the amount paid by plaintiff’s health insurer.

• Defendant's Contentions:

  Defendant claimed he was stopped six to eight feet behind plaintiff, when several bees entered his truck cab and landed on his leg. As defendant opened the door to swat them out, his foot came off the brake, and the truck rolled forward, hitting plaintiff’s car at less than 5 mph. Defendant driver claimed plaintiff did not report pain at the scene, and no emergency personnel or authorities were called. Plaintiff’s car had minimal visible property damage.

  Defendants admitted liability and contested causation and damages. Defendants argued the collision was very minor and could only cause soft-tissue injuries, and that plaintiff’s need for multiple back surgeries was due to a pre-existing condition. That plaintiff had a lot of prior low-back treatment in his 20s, including frequent complaints of 7/10 pain, a lumbar MRI, referral to pain management, and an ESI referral which was not performed.  

  Defendants also relied on the operative report from plaintiff’s microdiscectomy surgery where the surgeon noted “scar tissue” was present. Based on the note, defendants argued that plaintiff had a long-standing pre-existing herniation that just was not symptomatic.