Plaintiff sought policy limit for neck and head injuries. After offer of $70,000, jury awards $160,000. San Diego County.
Plaintiff was rear-ended on the freeway. The impact caused neck and head injuries that continue to affect plaintiff.
- Case Name: Matthew Jensen v. Jonathan Coburn
- Court and Case Number: San Diego Superior Court - Vista/ 37-2011-0054633
- Date of Verdict or Judgment: Wednesday, December 05, 2012
- Date Action was Filed: Monday, May 23, 2011
- Type of Action: Vehicles - Auto vs. Auto
- Judge or Arbitrator(s): Hon. Edward Mass, III
- Plaintiffs: Matthew Jensen, 28, graphic designer
- Defendants: Jonathan Coburn
- Type of Result: Jury Verdict
- Gross Verdict or Award: $160,000 General Verdict
- Trial or Arbitration Time: 4 days
- Jury Deliberation Time: 2.5 hours
- Jury Polls: 10-2. Per plaintff counsel, the other 2 jurors wanted to award $220,000 and $275,000.
- Attorney for the Plaintiff: BISNAR | CHASE by H. Gavin Long, Newport Beach
- Attorney for the Defendant: Cassidy | Warner & Associates by Kent Warner, Redlands
- Plaintiff’s Medical Experts: Arlen Green, D.O., pain management, Santa AnaMartin Backman, M.D., neurology, Santa Ana
- Defendant's Medical Experts: Stephen Rothman, M.D., radiology, Los AngelesRichard Greenfield, M.D., orthopedic surgery, San Diego
Facts and Background
- Facts and Background:
On June 20, 2009 plaintiff's disabled vehicle was parked on the emergency shoulder of I-5 southbound near San Onofre when it was rear-ended by the defendant. Liability was not disputed.
- Plaintiff's Contentions:
That the crash caused plaintiff to sustain a 3-4mm cervical disc bulge and scalp laceration and concussion with residual headaches and neck complaints.
- Defendant's Contentions:
Defendant disputed the nature and extent of plaintiff's injuries and that plaintiff only treated with a chiropractor until the case came near trial when plaintiff saw a neurologist and treated for pain management.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Neck symptoms due to a 3-4mm disc bulger at C6-7 and residual headaches from his concussion. Plaintiff will require future treatment including epidural injections for ongoing neck pain and occipital blocks for headaches.
- Special Damages Claimed - Past Medical: $47,000
- Special Damages Claimed - Future Medical: $51,000
Demands and Offers
- Plaintiff §998 Demand: $100,000 (insurance policy limit)
- Defendant §998 Offer: $70,000