Joyce Dondanville Obtains Defense Verdict in Admitted Liability Case

Joyce Dondanville obtained a favorable verdict in an admitted liability low-speed auto rear-end collision case regarding an incident that occurred on the northbound I-5 freeway in San Diego on June 26, 2016.  Plaintiff claimed he suffered a traumatic brain injury (“TBI”), low back, and neck injuries and sought treatment from neurologists, orthopedists, neuropsychologist, pain management doctors, and underwent extensive radiological imaging.

During the discovery process Plaintiff dropped his claims for TBI and back injury to focus only on his claim of cervical spine injury. Plaintiff attempted a demand at policy limits for $100,000 which was rejected. The defense served an Offer to Compromise for $20,000 before trial that was rejected; subsequently the Offer to Compromise was increased before trial to $35,000 which was also rejected.

Plaintiff’s medical expert, who saw the Plaintiff once in 2019, testified at trial that Plaintiff will require a two-level cervical fusion surgery.  Defense medical expert allowed for possible sprain/strain injuries that would have healed in a few weeks. The defense biomechanical expert posited a 2 to 3 MPH Delta V, with no mechanism for injury.

Plaintiff’s Request at Trial was approximately $1,000,000.00, and waived past medical specials and sought future economic damages and past and future non-economic damages. After five days of trial, jury announced a defense verdict.