Facts

The plaintiff, a 41-year-old housekeeper, was a passenger in her son’s vehicle traveling to church on a Sunday morning when the defendant ran a red light, broadsiding the plaintiff’s vehicle. Liability was not contested.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she was asymptomatic pre-accident and the defendant caused cervical and lumbar sprains, along with radiating pain to her upper and lower extremities.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff was discharged by her chiropractor six months post-accident, back to normal. The plaintiff did not complain of radiating pain until 11 months post-accident. The plaintiff did not miss one day of work as a housekeeper and took absolutely no pain medication post-accident. Finally, the defendant contended that the plaintiff suffered soft-tissue injuries only, which resolved six months post-accident.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $100,000 policy limits; the defendant made a C.C.P. Section 998 offer for $75,000.

Specials in Evidence

$29,999

Injuries

The plaintiff suffered a cervical and lumbar spine strain and treated with a chiropractor for six months. She was discharged back to pre-accident status. Five months later, the plaintiff complained of radiating pain to her arms and legs. Chiropractor referred the plaintiff to an orthopedist who recommended cervical and lumbar MRIs. The plaintiff had protruding discs to her neck (3-4 mm) and back (5 mm). The orthopedist testified that the plaintiff is a candidate for surgeries.

Result

$107,000 ($29,000 past medicals; $78,000 past and future pain and suffering). Total award to plaintiff for $139,833 (after C.C.P. Section 998 penalties).

Deliberation

four hours

Poll

9-3

Length

five days