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Stephan parked his Snap-On Tools work truck in an alleyway and was inside the back of his truck with the engine off when defendant struck his truck. Defendant admitted he hit the gas rather than the brake just before rear-ending the truck.
The collision knocked him over and caused his toolbox to strike him on the left side. He lost his job and still suffers back pain.
Stephan received chiropractic care and epidural injections. Later, he had a microdiscectomy procedure and experienced some relief. He had prior back surgery many years before.
Defendant argued his bills were inflated.
Stephan argued that any bill more than what his insurance would have paid was his choice to incur because he had the right to treat with any doctor of his choice outside his insurance plan.
Defendant claimed that accident didn’t aggravate his condition because he had a pre-existing spinal condition. Defendant also claimed that his surgery was unnecessary, and Stephan did not want to work anymore. Defendant insurance company placed Stephan under video surveillance, searched all his social media, hired investigators to create a “book” on him showing that he still lived a full life, and that he should have stayed with his network doctors.
The total medical bills are $100,000. Defendant’s final offer was $188,000. Stephan demanded $1,000,000 policy limits.
Award was $712,500.
Stephan vs. Great American Insurance, San Diego Superior Court. Hon Ronald Prager, Ret.
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