Facts

On September 10, 2012, Plaintiff Carolyn Shaw, 25, was a back-seat passenger in a taxi that was involved in a near head-on collision with a vehicle driven by Defendant Sarah Gengle. Plaintiff sued Defendants Ara Keshishian (the driver of the taxi), Independent Taxi Owners Association of Los Angeles (the owner of the taxi), and Gengle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the vehicles collided when Gengle negligently made an unprotected left turn on a solid green light at the intersection of La Tijera and Sepulveda while Keshishian was proceeding straight through the intersection on a green light. Plaintiff further contended that Keshishian was negligent for driving too fast for the roadway conditions present at the busy intersection.

DEFENDANTS' CONTENTIONS:
Keshishian argued that Gengle was 100 percent at fault for failing to yield to his vehicle and Gengle contended that Keshishian was comparatively negligent for failing to drive at a reasonably safe speed.

Settlement Discussions

Plaintiff made a CCP section 998 demand for $499,999.99 to Gengle and a $75,000 demand to Keshishian. Gengle offered $75,000 and Keshishian offered $25,000.

Injuries

Plaintiff contended that she suffered cervical disc herniation at the C5-6 with left-sided neural foraminal stenosis. Keshishian and Gengle both argued that Plaintiff's injuries were pre-existing and/or minor/soft-tissue injuries. Plaintiff's treatment consisted of 16 physical therapy sessions only with no ESI Injections or surgery. The parties stipulated to Plaintiff's past medical specials, which were approximately $5,600.

Result

The jury returned a verdict for Plaintiff, finding that Keshishian was 10 percent negligent and Gengle was 90 percent negligent. It awarded plaintiff $391,645.

Other Information

According to plaintiff, plaintiff moved post-trial against Gengle for Costs of Proof in the amount of $350,000 for denying RFAs regarding liability, causation, and damages. After oral argument, Plaintiff and Gengle agreed to a confidential Costs of Proof amount. FILING DATE: Sept. 9, 2014.