Facts

Claimants are 80 and 77 years old, and married. While on their daily walk, they were struck by an underinsured motorist on a crosswalk in Upland.

CLAIMANT'S CONTENTIONS:
Claimants claimed that the crash was a life-changing experience and ruined their retirement years.

RESPONDENT'S CONTENTIONS:
Respondents claimed that claimants made a good recovery and only required intermittent chiropractic care same as before the accident.

Settlement Discussions

Respondent offered $87,500 global at mediation. Claimants demanded $150,000 global at mediation but agreed to a mediator's proposal of $115,000 global, which was rejected by respondents.

Damages

The retired couple claimed extensive general damages for pain and suffering, negligent infliction of emotional distress and loss of consortium.

Injuries

Claimant wife suffered a fractured clavicle, 3 fractured ribs and a fractured orbital socket. Residuals included one eye slightly larger than the other and a sloping shoulder with pain. Claimant husband sustained scrapes, bruises and soft tissue injuries. Claimants claimed extensive pain and suffering for the trauma and psychological effects of injury.

Result

The court awarded $407,686 to claimants. Claimant wife received $19,888 in medical expenses and the arbitrator concluded claimant wife's general damages were an unspecified large amount greater than the policy limits, so she was awarded the full value of her claim, $250,000 plus, less the $50,000 previously received from the third party for a total net of $200,000. Claimant husband was awarded $7,786 in past medicals, $6,000 in future medicals and a general damage award of $143,500 for a total of $157,298, less the $50,000 previously paid for a net award of $107,298.