The case arose from June 16, 2015, rear-end crash on Folsom Boulevard in Sacramento. The defendant was on Folsom Boulevard, making a delivery in a twenty-six-foot box truck while in the course and scope of his employment. While on Folsom Boulevard, Defendant came to a stop behind our client who was waiting to turn right onto Bradshaw Road. While stopped, several bees entered the cab of Defendant’s truck, and while trying to swat them, Defendant’s foot came off the brake pedal, causing the truck to roll into the back of our client’s car. The impact speed was confirmed to have been between 3-5 miles per hour.
Our client did not report pain at the scene and did not require emergency medical treatment. The following day our client went to his primary care doctor with minor complaints of neck and back pain and some intermittent numbness in his right leg and was prescribed medication. Our client’s neck pain resolved shortly after the collision, but his back pain and right leg complaints increased. Due to reduced right leg strength, several weeks after the crash our client was referred for a lumbar spine MRI which showed a large L5-S1 disc herniation compressing the right L5 nerve root. Due to increasing back pain and right leg weakness, three months following the crash our client had back surgery consisting of a microdiscectomy at L5-S1.
The surgery resolved our client’s back pain, but the right leg pain and weakness continued. Due to ongoing complaints, in 2017 a spinal cord stimulator was placed which resulted in 90% relief. Unfortunately, in 2019, four years after the crash, our client’s right leg symptoms returned, and another surgery was performed consisting of an L5/S1 fusion. Since this surgery, and to address our client’s right leg pain and weakness, several other procedures have been performed including a fusion surgery of L4-5, L5-S1.
The defense admitted liability but argued that this low-speed crash could not have caused our client’s injuries and that all the surgeries were due to intermittent back pain our client had fifteen years before the crash.
Before the collision, our client was an outgoing and energetic man who was described as a busybody around the neighborhood, he frequently entertained friends and family, he coached his son’s baseball team and had no physical limitations on activities he could perform. Since the crash, all his activities are severely limited, and he is no longer able to perform the physical activities he once enjoyed.
Prior to the Trial, we made numerous demands for the $1,000,000.00 insurance policy limit, which were rejected, and the highest offer was $225,00.00. The case went to Trial. While the jury was deliberating the defense proposed an agreement whereby $400,000.00 was guaranteed regardless of the jury verdict, in exchange for a $1,000,000.00 cap. We rejected this offer.
Ultimately the jury returned a total verdict of $3,299,455.00. With interest and costs, the verdict will total over $5,000,000.00.
