Backhoe operator was struck by a box car carrying U.S. Postal Service mailboxes. Injuries included cervical strains and paralumbar strain with sciatica; permanent restrictions of no heavy lifting. Jury verdict for $498,465.00.

Defendant Insurance: CIGNA PROPERTY & CASUALTY

Date, Time and Place of Incident(s):
April 28, 1997 at approximately 8:30 a.m.; Interstate 5 Highway in the vicinity of the exit to Broadway Avenue.

Facts and Background:  
Negligence resulting in bodily injury wherein Defendant was negligent in failing to adequately and safely secure mailboxes on the truck which struck Plaintiff.

Plaintiff's Contentions, Allegations:
Negligence resulting in bodily injury wherein Defendant was negligent in failing to adequately and safely secure mailboxes on the truck which struck Plaintiff.

Injuries and/or Damages:
Plaintiff suffered cervical strains and paralumbar strain with sciatica; permanent restrictions of no heavy lifting.

Defense:
Admitted liability, dispute nature and extent of Plaintiffs injuries. Contended that Plaintiffs soft tissue injuries not severe. Plaintiff not entitled to any economic damages after his termination.

Notes:
Defendant contended that Plaintiff could work as a foreman/supervisor, but was fired because of numerous personal problems with co-workers. Plaintiff moved, pursuant to Evidence Code 352, that reasons for termination were irrelevant and unduly prejudicial. Court granted Plaintiffs motion.

Specials:
PAST MEDICAL $33,219.00
FUTURE MEDICAL $22,750.00
FUTURE LOST EARNINGS $401,496.00
OTHER SPECIALS (comp lien, permanent and/or temporary disability, vocational rehab, etc.): Defendant purchased comp lien for $35,000.00

Demand: AT TRIAL: $300,000.00, Plaintiff's attorney asked the jury for $500,000.00

Offer: DEFT: Selco, Inc 998 OFFER: $50,000.00 DEFENDANTS ATTORNEY ASKED FOR: Verdict of $50,000.00

Verdict or Award:
GROSS AWARD: $498,465.00; Economic Damage: $457,465.00;
Non-economic Damage: $41,000.00; Punitive Damage: N/A

Other Verdict Details: Defendant 100% negligent

Length of Trial: Three days

Jury: Deliberated two days

Jury Polled: 11-1

Post Trial Motions and Post Verdict Settlements: NOTICE OF APPEAL FILED BY DEFENDANT, SELCO, INC.

Attorney for client: MICHAEL D. PADILLA and SCOTT A. KENNEDY

Attorney for defendant: MARK B. BENNETT, McMENAMIN & BENNETT

Individual Defendants:
Backhoe operator was struck by a box car carrying U.S. Postal Service mailboxes. Injuries included cervical strains and paralumbar strain with sciatica; permanent restrictions of no heavy lifting. Jury verdict for $498,465.00.