Plaintiff needs cervical fusion after U-turn crash. $10M. Ventura County.

Summary

Defendant claims plaintiff driver was partially at fault, disputes permanent injuries claim.

The Case

Case Name: Mullaly v. Oakwood Worldwide
Court and Case Number: Ventura Superior Court / 56-2021-00551735-CU-PA-VTA
Date of Verdict or Judgment: Wednesday, February 05, 2025
Date Action was Filed: Monday, March 08, 2021
Type of Case: Vehicles - U Turn
Judge or Arbitrator(s): Hon. Benjamin Coats
Plaintiffs:
Merrill Mullaly
Defendants:
Oakwood Worldwide LP
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $10,024,171
Net Verdict or Award: $10,024,171
Settlement Amount: Plaintiff will recover no more than $7,500,000 pursuant to a high-low agreement.
Contributory/Comparative Negligence: None.
Economic Damages:
Future: $1,924,171
Non-Economic Damages:
Past: $1,600,000

Future: $6,500,000
Jury Deliberation Time: 6 hours

The Attorneys

Attorney for the Plaintiff:
HHJ Trial Attorneys by Elliott Jung and Emma Van Ginneken, Carlsbad and La Jolla.

Batta Fulkerson LLP by Taylor Gaines, San Diego.
Attorney for the Defendant:
Wilson Elser by Larry Lum and Silviana Dumitrescu, New York City and Los Angeles.

The Experts

Plaintiff's Medical Expert(s):
Bill Tontz, M.D., orthopedic surgery.
Defendant's Medical Expert(s):
Jonathan Nissanoff, M.D., orthopedic surgery.
Plaintiff's Technical Expert(s):
Eugene Vanderpol, accident reconstruction.
Defendant's Technical Expert(s):
Jeffrey Suway, accident reconstruction.

Facts and Background

Facts and Background:
Plaintiff was driving north on a two-lane street. Defendant was driving ahead of plaintiff on the same roadway.

Defendant veered to the right and then made an illegal U-turn at an intersection. Plaintiff hit the rear end of the defendant driver's vehicle.

Defendant driver was driving a GMC Savanna van in the course and scope of his employment. Plaintiff was driving in the course and scope of employment and operated his employer’s new Chevy truck.
Plaintiff's Contentions:
Defendant was at fault for the collision and caused the need for a level one fusion surgery at the C5-C6 level. Plaintiff suffered permanent harm.
Defendant's Contentions:
That plaintiff was partially at fault for the collision; driving too fast for conditions and driving too close behind defendant's vehicle.

That plaintiff reached maximum medical improvement after the surgery. Plaintiff had a prior MRI showing disc bulge and annular tear to the same location as the surgery post-crash. Further, that plaintiff was a football player with years of treatment and preexisting injuries prior to the crash.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Injury to the cervical, thoracic and lumbar spine with a level one fusion surgery at the C5-C6 level. He alleged adjacent segment disease and claimed the need for a future fusion surgery at the C4-5 level within one year; a third cervical surgery in 17 years; thoracic rhizotomies twice per year for life, and claims permanent damages.

Special Damages

Special Damages Claimed - Past Medical: 0
Special Damages Claimed - Future Medical: $1,924,171
Special Damages Claimed - Past Lost Earnings: Lost earnings were waived.
Special Damages Claimed - Future Lost Earnings: Lost earnings were waived.

Demands and Offers

Plaintiff §998 Demand: $1,000,000

Additional Notes

Lost earnings were waived. The jury awarded only on past non-economic damages and future medical treatment.

Per defense counsel:

During the jury deliberations, the parties negotiated a high-low agreement of $2,500,000 to $7,500,000. The plaintiff waived all costs, including pursuant to Code of Civil Procedure sections 998, 1032, and 1033, and all pre-and-post judgment interest (pursuant to Civil Code section 3287 (at 7% per annum) and Code of Civil Procedure section 686.010 (at 10% per annum). After the verdict, plaintiff agreed to dismiss defendant rather than enter a judgment. Plaintiff will recover no more than $7,500,000 pursuant to the high-low agreement.