Facts

Plaintiffs Eric Smiler and Marilyn Grabina-Smiler filed suit against defendant Ivan Majdrakoff, in connection with a motor vehicle accident.

PLAINTIFFS' CONTENTIONS:
On April 4, 2014, plaintiffs Eric Smiler, 65, and Marilyn Grabina-Smiler, 60, were driving home to Alameda. As they drove southbound on Adeline Street and 26th Street in Oakland, traveling at 30 mph, they were broadsided by a sport utility vehicle driven by defendant Ivan Majdrakoff, who was accelerating as he attempted to turn left from a side street on to Adeline. Eric, who was driving, was thrown to the left and his left shoulder smashed into his door. Marilyn, riding in the front passenger's seat, was also thrown to the left, hitting her husband before being whipped back to the right where her head struck the passenger door. The collision crumpled the passenger side of the Smilers' car and the front end of defendant's SUV, totaling both vehicles.

The collision was caught on videotape by the security cameras of a nearby business.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability early on in the litigation but disputed the nature and extent of plaintiffs' injuries.

Settlement Discussions

Through the litigation, defendant never made a settlement offer to plaintiffs, and never asked for a demand. Plaintiffs issued A CCP 998 demand in June 2015, seeking $390,000 in total from defendant. The defense allowed those demands to expire without a response. Then, two weeks before trial, by direct negotiations, defendant agreed to a global settlement.

Damages

As he was retired, Eric had no loss of income claim from the collision. Marilyn's lost income was minimal.

Injuries

Eric claimed severe left rotator cuff tear, among other injuries. The rotator cuff tear required a total reverse shoulder replacement surgery to repair. Plaintiffs claimed the surgery placed significant stress on the deltoid, which over time stretches and deteriorates and, after approximately 10 years, the shoulder can become immobile again. For this reason, the surgery is primarily performed on patients over 70 years old. It was anticipated that, because of his relatively young age, Eric would require a revision surgery in 10 to 15 years. Eric underwent the surgery on Nov. 9, 2015, and claimed he was still recovering and rehabilitating his shoulder at the time of settlement. Marilyn claimed a labyrinthine concussion in the collision, a result of her head impacting the door. She claimed she has experienced post-concussion symptoms ever since, including balance issues and vertigo, cognitive problems, and severe headaches. She underwent treatment and therapy for these conditions, but claimed her severe headaches were still unresolved and still being treated at the time of settlement.

Result

The case settled for $650,000.