Partner Jennifer Russell And Senior Counsel Kristine Gamboa Obtained A Favorable Verdict on A High Exposure Cervical Fusion Case

FWHB successfully defended their client in an admitted negligence, automobile vs. automobile case before Judge Bobbi Tillman of the Los Angeles Superior Court- Santa Monica Courthouse.  The trial lasted 8 day and the verdict was reached on September 12, 2019.

Facts & Damages: Liability was admitted. Plaintiff was 56 years old and suffered injuries to the neck, lower back, and right hand.  He underwent physical therapy and chiropractic treatment, cervical epidural steroid injections, and a cervical discectomy & fusion. Prior to trial, plaintiff’s medical bills totaled $307,145 and he claimed future surgery in the area of $100,000.  At the time of trial, plaintiff continued to have neck pain and numbness in the right hand.

Plaintiff claimed he made a §998 Offer to Compromise demand in the amount of $249,999 on March 9, 2018.  The defense never received the demand and made a counter §998 Offer to Compromise in the amount of the $250,000 policy.  Plaintiff alleged the policy was open and advised he would seek in excess of the $250,000 at trial.

Result: Plaintiff asked for $2 million ($100,000 in past medicals, $300,000 in future medicals, $10,000 for loss of earnings, $23,000 for future loss of earnings, $460,000 in past pain and suffering, and $960,000 in future pain and suffering).  The jury deliberated for three hours and concluded the defendant’s negligence was a substantial factor in causing harm to plaintiff but with regard to damages, they awarded only $23,510.43 for past medical expenses and $30,000 for past pain and suffering, for a total verdict of $53,510.43.  By beating their CCP 998 the defense was entitled to expert costs.

Update: Plaintiff filed a motion for new trial which was denied.