Facts

On Dec. 19, 2012, plaintiffs Andrew Belosic, Rebecca Belosic, Paul Belosic and Ashley Belosic, a minor, were rear-ended by defendant Shira Winitzky at the intersection of Desoto Avenue and Sherman Way in Canoga Park. Defendant was driving a 2011 Hyundai Sonata, while plaintiff Andrew Belosic was driving a 2005 Honda Accord.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended defendant rear-ended them at a speed of approximately 25-35 mph.

DEFENDANT'S CONTENTIONS:
Defendant disputed the nature and extent of plaintiffs' injuries and the reasonableness and necessity of their medical expenses and claimed damages.

Settlement Discussions

Defendant offered $17,000 (global) for all four plaintiffs. Plaintiffs demanded the $50,000 policy limits on numerous occasions. CCP 998s for the policy limit were served in April 2014 and again before trial.

Specials in Evidence

Plaintiffs' medical bills totaled $35,565. $155

Damages

The parties stipulated that Andrew Belosic lost income in the amount of $155.

Injuries

Plaintiffs claimed sprain/strain, neck and lower back injuries, and sought three to five visits with an orthopedic surgeon, and six to 12 physical therapy visits. Two of the four plaintiffs underwent MRI films that came back negative. Plaintiffs healed from their injuries three to 12 months after the crash, but claimed they experienced residual pain and discomfort to the present time. Defendant claimed that plaintiffs were exaggerating their injuries.

Result

Plaintiff's verdict for $74,655.

Other Information

While plaintiff's motion for CCP 998 prejudgment and post-judgment interest and costs was pending, the parties entered into a global settlement for $100,000. FILING DATE: July 25, 2013.

Deliberation

three hours

Length

six days