# 00336881, Melodie Mallett v. Ecology Auto Parts, et al. filed 2/5/09

Plaintiff's Attorneys:  Donald A. Ernst & Nigel A. Whitehead

Verdict:  $981,328.00                                  Dept. 43

Plaintiff was sideswiped by Defendant's company truck on SR 126 near Fillmore. Defendants admitted fault but disputed nature and extent of injuries to neck, shoulder and back. Plaintiff eventually received recommendations for two shoulder surgeries and neck surgery.  Mostly diagnostic past medicals of approx. $4,000.00 were waived.  Jury awarded $42,000.00 past loss of earnings, $63,000.00 future lost earnings, $166,328.00 future medicals, $60,000.00 past pain and suffering and $650,000.00 future pain and suffering.  Plaintiff's 998 offer was  $575,000.00; Defendant’s  998 offer was  $40,000.00, with increased offer during trial to $400,000.00.  Interest on judgment and Plaintiff's memo of costs ($232,276.85) are yet to be determined.

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