Demas Law Group, P.C. is pleased to announce that John Demas, lead trial attorney, just obtained a record-breaking jury verdict following a nearly three-week trial in Stanislaus County.
The case arose from a three-car rear-end car crash on Interstate 5 near Patterson, California on November 21, 2016. The defendant was driving home from work in a company SUV. He was not in the course and scope of employment, but he was covered under the company’s Nationwide policy. Traffic stopped suddenly. The defendant, who had been on his phone, did not stop in time and slammed into our client.
Our client, the passenger, and her fiancé, the driver, were stopped in traffic in their Mazda sedan at the time of the crash. The rear-end impact pushed their Mazda into the car in front of them, causing the airbags to deploy.
Our client was taken from the scene by ambulance to Emanuel Medical Center with back pain, hip pain, and pain in other areas of her body. The majority of her symptoms resolved with physical therapy and chiropractic care over the next six months. Her lower back pain, however, continued.
An MRI of her lumbar spine showed a disc herniation (right-sided) at L5-S1. She began treatment with pain management doctors and received multiple injections. Unfortunately, these injections did not bring relief.
The defense admitted liability and wanted to limit the facts of the collision. The defense argued our client’s persistent back pain was not related to the crash. Even though our client’s pain began immediately after the car crash and she had no prior injuries, the defense argued her pain was due to a multitude of factors like stress, repetitive lifting, and age-related issues. Our client, who was 35 years old at the time of the crash, required a two-day lumbar fusion as a result of her injuries.
The surgery was a success overall; however, our client remains in persistent pain from the hardware. Her surgeons have recommended removal. They have also recommended she have an SI joint fusion, as the joint was traumatically impacted by the crash.
Prior to the crash, our client was a vibrant, outgoing, energetic woman who loved to travel, hike, kayak, camp, or do any activity outdoors. She and her husband enjoyed long car rides, and she was described as the life of the party. The crash left her confined to her home. She was not able to ride in a car without pain, and she could not travel without taking stops every hour. She stopped hiking and traveling, or even going to friends or family members’ homes. Her vibrant self was left muted; injured.
The defense offered $800k at the Mandatory Settlement Conference, which we rejected. We demanded $4.5 million, a reasonable value considering the extent of her injuries and future treatment as well as the significant impact the crash had on our client’s life. The case went to trial. Demas Law Group had to put the case on quickly and efficiently. The jury panel was conservative, with most having solid feelings about damages for pain and suffering.
On the first day of the trial, we made an offer, valid for one day, for $1,850,000. The defense responded with an offer of $1,000,000, which we rejected.
Ultimately, the jury returned a total verdict of $6,678,026, with nearly $5,700,000 of that in non-economic (pain, suffering, emotional distress, etc.) damages. With interest and costs, the verdict should total approximately $8,150,000. The jury verdict is the largest non-death personal injury verdict in Stanislaus County and is believed to be one of the biggest verdicts in California for a single-level fusion case.
