January 4, 2012
Plaintiff was a 34-year old superintendent of a construction crew injured when he was struck by the defendant's delivery driver. Defendant's driver violated the right-of-way of an approaching motorist and the ensuing collision propelled defendant's vehicle into the Plaintiff.
Plaintiff sustained a vertical shear fracture of his pelvis as well as a massive injury to his let shoulder. In the 14 months following injury, Plaintiff underwent two surgeries to repair his pelvis and another to repair his hip. Additionally, he beat back two episodes of MRSA infection.
Plaintiff's past medical specials totaled $405,000. His wage loss for the 14 months following the accident were $63,200. Plaintiff mitigated his future wage loss by retraining himself to become an estimator which was within the residual of his permanent partial disability from the foregoing injuries.
On July 27, 2009, the jury returned its verdict in the Orange County Superior Court in the amount of $4,718,344.44. They awarded the full amount of the above medical specials and in addition awarded $2,000,000 for pain and suffering from the time of the injury to the time of trial and an additional $2,250,000 for future pain and suffering over the 40 year life expectancy of Plaintiff.
Defendant attempted to deflect responsibility onto the approaching motorist, however, this claim was rejected by the jury who found the defendant 100% at fault.
Plaintiff's accident reconstructionist was David Casteel. Plaintiff's medical witnesses at trial included Howard Tung, M.D., regarding neurosurgery; Alexandra Schwartz, M.D., regarding orthopedic surgery and trauma to the hip; and Johnathan Schliemer, M.D., regarding orthopedic surgery and trauma to the left shoulder.