Facts

Plaintiff Natalie Hawkins, a 31-year-old homemaker, was driving with her children on a steep, winding road, in Los Gatos. While approaching one of the turns, plaintiff's car was struck near the driver's-side door by an oncoming car driven by defendant John Barton, age 16. Defendant had crossed the center line.

The plaintiff sued the defendant for negligent operation. She also sued the owner of the car, his mother, for vicarious liability. A police report stated that before the collision, defendant had been traveling between 30 and 40 mph in a 25-mph zone.

The defendant did not dispute liability.

Specials in Evidence

$36,000. The plaintiff also sought an unspecified amount for pain and suffering.

Injuries

Plaintiff was taken from the accident scene to a hospital via an ambulance. She spent three days in the hospital where she underwent an open reduction procedure to treat a fractured ulna and radius in her right arm. The injuries may have been caused by the deployment of her car's air bag. In addition to two five-inch scars on her right arm, the lasting physical impacts from the injuries is minimal restriction of movement and soreness. The children were not harmed in the accident.

Result

The parties settled for $150,000 before a scheduled mediation.