$946,000.00 jury verdict on behalf of a Navy SEAL officer whose career was ended after suffering severe head and spine injuries in an auto accident.

Plaintiff's Medical Expert Witnesses:
Jean-Jacques Abitbol, M.D. (treater), Board Certified Orthopedic Surgeon, Lumbar Spine surgery
3444 Kearny Villa Road, Suite 200, San Diego, CA 92123, (858) 874-2306
Robert Maywood, M.D. (treater), Board Certified Orthopedic Surgeon, Shoulder surgery
3444 Kearny Villa Road, Suite 202, San Diego, CA 92123, (858) 874-3444
Nicolas Ransom, M.D. (treater), Board Certified Orthopedic Surgeon, Cervical spine surgery
1714 W. Anklam, Suite 105, Tucson, AZ 85745, (520) 624-0888
Manuel David Tobias, Ph.D. (treater), Clinical Psychology
3576 Third Avenue, San Diego, CA 92103, (619) 295-2749

Defendant's Medical Expert Witnesses:
Mark A. Kalish, M.D., Psychiatry
Gregory H. Schwab, M.D., Orthopedics, Orthopedics/Biomechanics
Jonathan A. Schleimer, M.D., Neurology

Plaintiff's Techical Expert Witnesses:
Robert B. Hall, Ph.D., Certified Rehabilitation Counselor, Vocational Rehabilitation and Disability Management
8580 La Mesa Boulevard, Suite 101, La Mesa, CA 91941, (619) 463-9334
Peter R. Francis, Ph.D., Biomechanics
13661 Acorn Patch Lane, Poway, CA 92064, (858) 485-8863

Defendant Insurance: Kemper Insurance Company

Date, Time and Place of Incident(s):
October 16, 1999, 10:00 am, Strand Way at the intersection of Guadacanal Road in the City of Coronado, County of San Diego at entry gate to Naval Amphibious Base.

Facts and Background:  
On October 16, 1999, plaintiff KENNETH M. WOODARD was driving southbound on Strand Way in the City of Coronado, California. MR. WOODARD made a left turn on Guadalcanal Road to enter the main gate into the Naval Amphibious Base. As MR. WOODARD was completing his left turn, defendant LINDA M. NICOLSON who was driving northbound on Strand Way, failed to stop at a stop sign and collided with MR. WOODARD. MS. NICOLSON had not seen the stop sign as she approached the intersection, but had seen MR. WOODARD's vehicle in front of her just before the impact. She applied her brakes but was unable to stop in time. The vehicle MS. NICOLSON was driving was owned by her employer, defendant BECTON DICKINSON AND COMPANY and she was driving it with their permission. At the time of the accident, MS. NICOLSON was on an errand for her employer BECTON and was acting in the course and scope of her employment as their agent. MR. WOODARD contended that MS. NICOLSON was negligent in the operation of her vehicle, that her negligence caused him to suffer injuries and damages and that MS. NICOLSON and BECTON are legally responsible for those injuries and damages. Both defendants denied that MS. NICOLSON was negligent in the operation of her vehicle. Both defendants contended that neither of them were responsible for the injuries and/or damages claimed by MR. WOODARD. Both defendants denied that the motor vehicle caused all the injuries and damages claimed by MR. WOODARD, and disputed the nature and extent of plaintiff's alleged injuries and damages.

Plaintiff's Contentions, Allegations:
Defendant was speeding and ran a stop sign, slamming into the passenger side of plaintiff's car.

Injuries and/or Damages:
Closed head injury, vertigo, balance deficit, cervical and lumbar spine compression/disc fusion, shoulder dislocation with subsequent arthoscopic surgery.

Defense:
Plaintiff should not have assumed defendant was going to stop at the stop sign. Therefore, plaintiff is comparatively at fault for the crash. The injuries complained of were not caused by the crash and/or were being exaggerated by plaintiff.

Notes:
Plaintiff was a Navy Seal candidate who ultimately was discharged from the Navy due to his injuries and surgical course. The defense focused on the fact that plaintiff opted not to complain of his injuries in full until after he had been put on medical hold by the Navy several months after the collision. Defendants argued the forces of the crash were not sufficient to cause plaintiff's injuries. Defendants also argued plaintiff's injuries were due to his training to become a Navy Seal.

Specials:
PAST MEDICAL $162,924.00
FUTURE MEDICAL $ 40,000.00
PAST LOST EARNINGS $ 99,307.00
FUTURE LOST EARNINGS $444,000.00

Demand: AT TRIAL PLAINTIFF'S ATTORNEY ASKED THE JURY FOR $800,000 - $2,000,000

Offer: $40,000.00

Verdict or Award: $946,000.00

Other Verdict Details: Economic Damage: $746,000.00; Non-economic Damage: $200,000.00

Length of Trial: Seven Days

Jury: Deliberated one day

Jury Polled: 12-0 liability and causation; 11-1 on comparative fault

Attorney for client: Kevin F. Quinn and associates Timothy J. Tatro, Eric A. Seiken

Attorney for defendant: Richard H. Shipley, Law Offices of James A. Thompson

Individual Defendants:
$946,000.00 jury verdict on behalf of a Navy SEAL officer whose career was ended after suffering severe head and spine injuries in an auto accident.