Plaintiff sought policy limit for neck and head injuries. After offer of $70,000, jury awards $160,000. San Diego County.

Summary

Plaintiff was rear-ended on the freeway. The impact caused neck and head injuries that continue to affect plaintiff.

The Case

  • 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

The Result

  • 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.

The Attorneys

  • Attorney for the Plaintiff:
    BISNAR | CHASE by H. Gavin Long, Newport Beach
  • Attorney for the Defendant:
    Cassidy | Warner & Associates by Kent Warner, Redlands

The Experts

  • Plaintiff’s Medical Experts:
    Arlen Green, D.O., pain management, Santa Ana
    Martin Backman, M.D., neurology, Santa Ana
  • Defendant's Medical Experts:
    Stephen Rothman, M.D., radiology, Los Angeles
    Richard 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

  • 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

Additional Notes

Excess verdict against Allstate insurance as the policy was $100,000. BISNAR | CHASE took the case over from another law firm and had the case for 3 months before trial

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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