# CV 098183, Robert Humphery v. Edith Tadena, filed 5/14/09

Plaintiff’s Attorney: Louis E. Koory

Result: $725,280.02                                               Dept. P-2, Hon. Martin J. Tangeman

Thirty-seven-year-old Plaintiff was the left rear-seated passenger in the  middle vehicle involved in a three vehicle accident.  While Plaintiff’s vehicle was stopped near the 101 freeway and SR-46 interchange, it was rear-ended by Defendant’s vehicle forcing a second impact with a truck in front of Plaintiff’s vehicle.  Plaintiff was transported to the local hospital where he was examined and released.  After approximately seven months  chiropractic care, he was  examined by Howard Segal, M.D. and diagnosed with a concussion and cervical and lumbar spine injuries, and  lumbar fusion was recommended.  Plaintiff then obtained a second opinion from Allen Moelleken, M.D. who first recommended epidural injections and then a micro-decompression surgery at L3-4 and L4-5,  and further recommendation of a lumbar fusion in ten years.  Defendant’s experts David Frecker, M.D. and Arthur Duberg, M.D. opined that Plaintiff’s injuries were soft tissue and not caused by the accident; that the MRI did not reveal nerve root impingement, and that Plaintiff was not a candidate for surgical intervention.  The jury awarded $104,280.02 past medical expenses; $270,000 future medical expenses; $200,000 past pain and suffering; and $150,000 future pain and suffering.  Plaintiff made a policy limit demand of $500,000 followed later by a CCP 998 demand of $399,000.  Defendant offered by CCP 998 $290,000.