Facts

Plaintiffs wife, husband, and child were injured in an automobile crash occurring in the early morning hours of June 24, 2007. At the time of the collision, the family was driving a Toyota Highlander SUV. As plaintiffs were beginning to round a blind curve, defendant, traveling in the opposite direction, collided head-on. Defendant was intoxicated and on probation.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant violated a host of California Vehicle Code sections, including section 21752(8). Also, defendant later pled guilty to a violation of California Vehicle Code section 23153, operating a vehicle while under the influence of drugs. Plaintiffs claimed that defendant should be responsible for punitive damages.

DEFENDANT'S CONTENTIONS:
Defendant did not contest liability, but contended that plaintiffs had soft tissue injuries, which were transitory.

Settlement Discussions

Doe wife demanded $100,000; Doe Husband demanded $25,000; Doe child demanded $12,500.

Specials in Evidence

Medical expenses totaled $34,174; $3,156 (Doe husband) and $921 (Doe child) $3,156 (Doe husband)

Injuries

Doe wife had focal tenderness about the base of her neck, and at C5-6 and C6-7. She was seen at the emergency room and subsequently treated for severe neck pain radiating down her left arm into her left hand and fingers. An MRI scan revealed degenerative joint disease. She argued she had continuing soft tissue complaints. Doe child sustained minor bruises.

Result

The case settled in mediation for $105,000.