Rear-ender injuries were so painful, they led to divorce

Amount:

$2,175,030

Type:

Verdict-Plaintiff

State:

California

Venue:

San Joaquin County

Court:

Superior Court of San Joaquin County, San Joaquin

Injury Type(s):

Hip
back
back-lower back
back-bulging disc; lumbar
neck
neck-disc protrusion; cervical
other-spasm
other-chiropractic
other-physical therapy
other-loss of consortium
neurological-sciatica
mental/psychological-insomnia

Case Type:

Motor Vehicle – SUV, Rear-ender

Case Name:

James Michael Lang and Michelle Lang V. Geweke Auto Mall Inc., Geweke Automotive Group Inc., Geweke Ford, Geweke Investment, Geweke Motors Inc., TheGeweke Company and Tim Willett, No. CVo25773

Date:

April 16, 2010

Parties

Plaintiff(s):

James M. Lang (Male, 39 Years),

Michelle Lang (Female, 35 Years)

Plaintiff Attorney(s):

Lawrance A. Bohm; Bohm Law Group; Sacramento, CA, for James M. Lang, Michelle Lang
Gregory R. Davenport; Law Offices of Gregory R. Davenport; Stockton, CA, for James M.Lang, Michelle Lang

Plaintiff Expert(s):

Gary Moran; Ph.D.; Injury Biomechanics; Alameda, CA called by Lawrance A. Bohm, Gregory R. Davenport
John Harbison; M.D.; Psychiatry; San Rafael, CA called by Lawrance A. Bohm, Gregory R. Davenport
Scott Simon; Ph.D.; Vocational Rehabilitation/Counseling; Los Gatos, CA called by Lawrance A. Bohm, Gregory R. Davenport
Aubrey Swartz; M.D.; Orthopedic Surgery; Oakland, CA called by Lawrance A. Bohm, Gregory R. Davenport
Robert Lindskog; P.E.; Engineering; Livermore, CA called by Lawrance A. Bohm, Gregory R. Davenport
Steven Feinberg; M.D.; Pain Management; Palo Alto, CA called by Lawrance A. Bohm, Gregory R. Davenport
Charles Mahla; Ph.D.; Economics; Los Angeles, CA called by Lawrance A. Bohm, Gregory R. Davenport

Defendant(s):

Geweke Ford,

Tim Willett,

Geweke Investment,

Geweke Motors Inc.,

The Geweke Company,

Geweke Auto Mall Inc.,

Geweke Automotive Group Inc.

Defense Attorney(s):

David A. Melton; Porter I Scott APC; Sacramento, CA, for Geweke Ford, Tim Willett, Geweke Investment, Geweke Motors Inc., TheGeweke Company, Geweke Auto Mall Inc., Geweke Automotive Group Inc.
Lindsay A. Goulding; Porter I Scott APC; Sacramento, CA, for Geweke Ford, Tim Willett, Geweke Investment, Geweke Motors Inc., TheGeweke Company, Geweke Auto Mall Inc., Geweke Automotive Group Inc.

Defendant Expert(s):

Paul Berg; Psychology/Counseling; San Francisco, CA called by David A. Melton, Lindsay A. Goulding Janet J houn; Biomechanical; Livermore, CA called by David A. Melton, Lindsay A. Goulding Andrew O’Brien; Vocational Rehabilitation; Sacramento, CA called by David A. Melton, Lindsay A. Goulding Michael Braun; Accident Reconstruction; Livermore, CA called by David A. Melton, Lindsay A. Goulding Michael Klein; Orthopedic Surgery; Carmichael, CA called by David A. Melton, Lindsay A. Goulding Richard Barnes; Accounting; Sacramento, CA called by David A. Melton, Lindsay A. Goulding

Insurer(s):

Universal Underwriters Insurance Company for Geweke Auto, Geweke Automotive, Geweke Ford, Geweke Investment, Geweke Motors, TheGeweke Company and Willett ($1 million)
Zurich Insurance for Geweke Auto, Geweke Automotive, Geweke Ford, Geweke Investment, Geweke Motors, TheGeweke Company and Willett (Umbrella policy; $15 million)

Facts:

On Oct. 3, 2003, plaintiff James Michael Lang, 39, a car salesperson, was rear-ended by Tim Willett while stopped in a sport utility vehicle at a train crossing on Woodbridge Road, west of State Route 99 in Stockton.

Lang sued Willett, Geweke Auto Mall Inc., GewekeAutomotiVe Group Inc., Geweke Ford, Geweke Investment, Geweke Motors Inc. and TheGeweke Company for motor vehicle negligence.

Willett was driving a vehicle owned by one of the Geweke defendants.

The defendants admitted negligence.

In return for an admission of negligence, Lang stipulated to remove Willett as a defendant.

The responsible defendant was identified and stipulated to at trial as Geweke Motors.

Injury:

Lang alleged bulging discs at L4-5 and L5-Sl, as well as a small protrusion at C5-6.

Initially, Lang’s symptoms were neck pain, upper back pain, mid-back pain between both shoulder blades, low back pain, and pins and needles in both legs. He followed a conservative course of treatment which included physical therapy and chiropractic treatments, but his pain persisted.

Lang’s condition worsened and his lower back pain allegedly became debilitating. He began to notice spasms with discomfort and sciatica in both legs, muscle twitching, bilateral hip pain and loss of sleep and appetite.

On Aug. 24, 2004, Lang received a two-level anterior global fusion from L4 to 81, which he claimed had minimal benefit. Post-surgery, Lang alleged ongoing, debilitating back pain that will require substantial future medical treatment.

Lang did not get a second opinion before undergoing the surgery, which was financed by a private lien company.

Lang earned $104,855 the year prior to the accident. In the calendar year leading up to the accident, Lang earned $75,060.

Lang’s SUV was minimally damaged, requiring $1,100 to repair damage to the rear bumper and step pad.

The plaintiff claimed that he was unable to provide sexual relations, love, support and protection due to the pain from his condition. Allegedly as a result of the strain, he and his wife got

divorced.

His former wife, plaintiff Michelle Lang, sought loss of consortium.

The plaintiffs asked the jury to award $29 million.

The defendants asserted that the accident caused only soft-tissue damage that usually resolves after eight-to-l2 weeks. The defense claimed that Mr. Lang did not recover because of pre-existing psychological issues.

Result:

The jury awarded $1,825,030 to Mr. Lang and $3 50,000 to Ms. Lang.

The defense informed that the case was set for trial in August 2007, and a jury was picked. However, before plaintiffs’ counsel finished its Opening argument, a mistrial was declared because the plaintiff orthopedic surgery expert had developed a new opinion. The mistrial was declared to allow the parties additional time for discovery on the new opinion.

James M. Lang

$329,030 Personal Injury: Past Medical Cost

100,000 Personal Injury: Future Medical Cost

$396,000 Personal Injury: Past Lost Earnings Capability

$900,000 Personal Injury: PaSt Pain And Suffering

$100,000 Personal Injury: Future Pain And Suffering

Michelle Lang

$350,000 Personal Injury: loss of consortium

Trial Information:

Judge:

Lesley D. Holland

Demand:

$1,999,999 (Mr. Lang, CCP 998); $100,000 (Ms. Lang, CCP 998) 9

Offer:

$1,000,001 to (Mr. Lang, CCP 998)

Trial Length:

16 days

Trial Deliberations:

3 days

Jury Composition:

6 male/ 6 female; 1 black/ 1 Asian/ 2 Hispanic/ 8 white (alternates: 1 male/ 3 female)

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel and defense counsel

Passenger badly injured in rear-ender caused by slowed traffic