In this auto accident case, James J. (“Jim”) Perkins and Karla V. Luviano of Colman Perkins Law Group defended the driver who rear-ended another car forward and into the Plaintiff’s stopped car in Orange County in 2017, causing a three-vehicle collision.
The Plaintiff’s claim
The Plaintiff claimed injuries resulting from the traffic accident and pursued medical
treatment.
Our client accepted fault for proven damages.
Our contentions at trial
The CPLG defense team argued that the Plaintiff’s claimed injuries were pre-existing and not caused by the accident. We also disputed the Plaintiff’s contentions that:
● Her past medical treatment (beyond about 12 weeks of chiropractic care) was reasonable and necessary
● She needed future medical treatment
● Her past and future medical treatment costs were reasonable
● The traffic accident caused her major physical pain, mental suffering, and other intangible distress
The Plaintiff presented two treating doctors, one of which was also a retained expert, to testify at trial.
We supported our case with testimony from three experts, a neurosurgeon – who accepted that a sprain and strain injury was reasonable but disputed additional medical treatment – a biomechanic, and an accident reconstructionist.
Closing
In closing, the Plaintiff asked for a total of $7,385,000. The Plaintiff asked the jury to award:
● $185,000 for a portion of the claimed past medical care
● $800,000 for past pain and suffering
● $2.1 million in future medical expenses
● $4.3 million for future pain and suffering
The CPLG defense requested that the jury award $4,800 for past medical treatment and pain and suffering but zero for future medical treatment and future pain and suffering.
Award
After four and a half hours of deliberation and unanimous agreement, the jury returned a verdict.
They awarded just $12,500 – $2,500 for past medical expenses and $10,000 for past pain and suffering. The Plaintiff received zero damages for future medical expenses and future pain and suffering.
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CPLG Verdicts
About partner James J. Perkins
About attorney Karla V. Luviano