Facts

On Feb. 15, 2002, defendant drove her car into the home of plaintiff. The car crashed through the plaintiff's house before coming to rest in the house's basement.

CONTENTIONS:
Defendant contended her actions were justified by the doctrines of sudden emergency and imminent peril. Defendant contended that a speeding car entered her lane, and that it was necessary for her to swerve out of the way in order to avoid a collision.

Settlement Discussions

The parties participated in an unsuccessful mediation. Other settlement efforts included defendant serving a C.C.P. Section 998 offer for $3,300.

Damages

The structure of plaintiff's house was damaged. The plaintiff was paid $6,009 by his insurance carrier but sustained the following losses: a $500 deductible; $350 for immediate board-up costs; $613 for hotel and food costs for the time that plaintiff could not live in the house; $600 for temporary plumbing repairs; $23,718 for other repairs; $8,000 to $16,000 for shoring, re-leveling, and re-installation of a load-bearing wall; $3,062 for personal property damage; and $15,000 for general damages.

Result

The plaintiff was awarded $46,965, less the $6,510 already paid to plaintiff, plus costs.