Lopez

FACTS

The Trial In 2018, plaintiffs filed a personal injury action against defendant. Plaintiffs were in a car that was struck from behind by defendant’s car in July 2016. Defendant admitted liability, and the matter proceeded to trial on the issue of damages. Prior to the trial, defendant served offers to compromise under section 998 in the amount of $35,000 for Juan, $30,000 for Elva, and $15,000 for Janelle. Plaintiffs rejected the offers by allowing them to expire.

A. Plaintiffs’ Expert Witness Testimony Plaintiffs’ expert, Dr. Arthur Kreitenberg, was a board-certified orthopedic surgeon, but he was not a treating physician in the case. He testified he conducted a “medical-legal” evaluation of Juan and Elva and physically examined them in November 2019 due to their complaints of “neck and back issues.” According to Dr. Kreitenberg, there was no evidence in their medical records indicating any preexisting issues that would have contributed to their injuries. Based on his evaluation and review of their medical records, Dr. Kreitenberg opined Juan developed neck and back pain as a result of the accident. He further testified it was reasonable for Juan to be seen in the…