Michial Jacobs v. Pacific Transportation Services, et al.

On October 2, 2004, at approximately 8am, plaintiff Michael Jacobs, age 57, was pulling his brand new trailer on I 505 in Woodland, CA on his way to pick up three grandchildren for a camping trip. Defendant Thomas Lloyd was driving a big rig loaded with 40,000 pounds of sugar when he fell asleep and rear ended the Jacobs' trailer and pickup truck. Lloyd was in the course and scope of his employment with both Pacific Transportation Services and Ernie Newland. Lloyd had been in a solo accident about 11:30 the previous evening and had been up all night getting a new trailer and standing by as the load was transferred. Plaintiff contended that Lloyd was out of hours and a termination letter from Pacific Transportation Services two days later claimed that he had been instructed to go to the company's Fairfield yard and get some rest. The jury did not hear that Lloyd had been cited for 28 violations of the Vehicle Code, including falsifying his log book.



Plaintiff sued both Lloyd and Pacific Transportation Services for punitive damages. That issue went to the jury only as to Lloyd and the jury found that he did not act with malice.



Plaintiff Michial Jacobs was knocked unconscious and complained of severe pain between his shoulder blades. He also suffered a fracture of the ninth rib. He was treated in the ER and released the same day. His doctors diagnosed injury to the facet joints as well as dorsal rami trauma at T6 through T8. This diagnosis was never confirmed by any objective study, but he consistently complained of pain in the same area from the date of the accident up until the time of trial. He also complained of headaches and cognitive problems with concentration, memory, speech, word finding, etc.



The plaintiff had been employed as a union carpenter and never returned to work.



The defense argued that he failed to mitigate damages by refusing to have facet joint injections which had been suggested by his Kaiser doctors.

Plaintiff Verdict as follows:

$17,876.84 past medical

$413,050 past wage loss

$52,800 past loss of household services

$41,600 future medical

$225,000 lost future earnings

$163,200 loss of future household services

$315,000 past non-economic damages

$275,000 future non-economic damages



TOTAL $1,503,476.84.



In addition, plaintiff had made a CCP 998 demand to settle for $980,000 (policy limits) on June 27, 2007, and is entitled to an additional $442,803.25 in interest plus all costs, including approximately $100,000 in expert witness costs.

Maureen Miner, MD, Physiatrist, Gilroy, CA; Paul Berg Ph.D, Psychologist, Oakland, CA; Robert Cottle, Ph.D, Vocational Rehabilitation, Walnut Creek, CA;; Patrick Mason, Ph.D, Economist, San Francisco, CA; William Jones, Trucking, Brentwood, CA; Howard Rosenblum, MD (Kaiser); William Firtch, MD (Kaiser); Gary Heit, MD (Kaiser)

Michael Higuera, Construction, Oakland CA; Michael Klein, Orthopedics, Carmichael, CA; Gregory Sells, Vocational Rehabilitation, Sacramento, CA; A. R. Gutowsky, Ph.D, Economist, Sacramento, CA

Following an unsuccessful mediation, plaintiff made a CCP 998 offer in the amount of $924,500 (balance of policy limits). Defendants served a CCP 998 offer in the amount of $100,000. Defendants offer prior to trial was raised to $250,000.

The defense admitted liability for the accident but contested the extent of plaintiff’s injuries. They surveilled him on 17 different days and showed only about 15 minutes of video tape from one of the seventeen days. The jury was out two days after 11 days of