Matthews

BACKGROUND

We provide a general summary of the procedural history below. We provide additional procedural background pertinent to each issue on appeal in the related sections of our Discussion, post. Plaintiffs, who are husband and wife, sued defendant for negligence and loss of consortium. The complaint alleged defendant collided his vehicle into Mr. Matthews’ vehicle, thereby severely injuring Mr. Matthews. Plaintiffs offered to settle the matter for $749,999.99. Defendant did not accept the offer. Following trial, the jury returned a verdict finding defendant negligent and 100% at fault for the accident. The jury awarded Mr. Matthews $6,536,330.66, and Mrs. Matthews $343,750.00. The trial court entered judgment in plaintiffs’ favor.

3 Defendant moved for a new trial arguing, inter alia, jury selection had violated statutes mandating random selection of jurors. The trial court denied the motion. Plaintiffs moved for prejudgment interest under Code of Civil Procedure section 998 and Civil Code section 3291 based on defendant’s refusal of their settlement offer. They also moved under Code of Civil Procedure section 2033.420 for attorney fees and costs incurred in proving facts…