Facts

On Feb. 21, 2003, defendant Antonio Baker was in the course and scope of his employment with American Medical Waste while operating a tractor trailer on the 91 Freeway in Artesia. Defendant Scully Transportation leased the truck to American Medical Waste. When traffic slowed, defendant Baker was unable to stop and collided with a vehicle that rear-ended the plaintiff's car and pushed it into another car. The plaintiff's car was then hit a third time by the truck. There were six vehicles involved in the accident. Liability was admitted by the defendants as to causing the accident. The plaintiff's vehicle was a total loss. The trial went forward on the issue of damages only.

PLAINTIFF CONTENTIONS:
The plaintiff claimed to have suffered various orthopedic injuries to her neck, back, shoulders, and hip as well as TMJ and a traumatic brain injury with permanent cognitive deficits as a result of the accident. She was unable to complete testing for a Microsoft certification that would allow her to become a network engineer or to obtain a related position. Plaintiff alleged $812,000 in economic damages, and sought $1.1 million in non-economic damages.

DEFENDANT CONTENTIONS:
The defendants disputed the nature and extent of the plaintiff's claimed injuries and that there was no traumatic brain injury. The TMJ and ongoing orthopedic problems were not related to the accident. There was no loss of past or future earnings.

Settlement Discussions

The defendants served the plaintiff with a C.C.P. Section 998 offer to compromise in the amount of $150,000. The plaintiff served a C.C.P. Section 998 offer in the amount of $750,000. Two mediations failed to resolve the case.

Result

$82,550. Liability was admitted by the defendants as to causing the accident. The trial went forward on the issue of damages only.

Other Information

Defendants filed a cost bill in the amount of $29,200 pursuant to CCP Section 998. Both sides have agreed to waive costs and the plaintiff waived her right of appeal.

Deliberation

5.5 hours

Length

five days