Jennifer Russell Won with Verdict of Only $29,862 On A Multiple Surgery Case Where The Offer Was $525,000 Prior To Trial
On January 23, 2018, Jennifer Russell received a favorable verdict in a highly contested case where plaintiff demanded $1 million prior to trial. This case involved an automobile vs. automobile, rear-end accident. The trial lasted eight days before the Hon. Judge Patrick T. Madden of the Los Angeles Superior Court- Long Beach.
Facts: On November 22, 2012, plaintiff was driving on the southbound I-405 freeway. She was driving alone in the carpool lane and stopped abruptly, causing the defendant to rear-end plaintiff’s vehicle. The police responded to the scene and plaintiff was transported by ambulance from the scene. Plaintiff was an actress and alleged injuries, including headaches, migraines, cervical radiculopathy, myofascial pain syndrome, thoracic outlet syndrome, foot pain and surgery, neck and back pain and permanent nerve damage. She also argued she missed out on work opportunities and film projects, alleging past lost earnings of $125,000. Plaintiff treated with physical therapy, pain management, orthopedic surgeons and neurosurgeons. In addition to therapy and examinations, her treatment included 10 cervical epidurals, two lumbar nerve root blocks/epidurals, many trigger point injections, one cervical rhizotomy, one lumbar rhizotomy, anterior cervical discectomy and fusion at C7-T1 and a foot surgery.
Damages: The parties stipulated medical specials totaled $153,000. At trial, plaintiff argued for a total award of over $4 million, including future loss of earnings of $350,000 and future medical costs between $825,000 to $990,000. Plaintiff’s last demand prior to trial was $1 million. Defendant made a CCP 998 offer of $525,000.
Outcome: The jury awarded $29,862. She was awarded $4,862 in past medical treatment, $25,000 in past pain and suffering and nothing was awarded for future medical treatment, loss of earnings or pain and suffering.
Update: Defendant was awarded costs of $70,418.