Facts

This matter arises out of a four-vehicle collision that occurred in stop-and-go traffic on the northbound I-405 on May 18, 2007. Vickie Jo Prendergast operated a 2000 Toyota 4-Runner. Plaintiff Suzette Tate, 40, operated a 2003 Lincoln Grand Marquis. Joshua Tasch operated a 1990 Lexus and Kara Lohrstorfer operated a 2006 Mercedes. Prendergast rear-ended Tate, forcing her into Tasch, who was then forced into Lohrstorfer.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Predergast was solely responsible for the collision.

DEFENDANT'S CONTENTIONS:
Defendant conceded that plaintiff's treatment with her primary care physician three days after the accident was reasonable. Defendant claimed that plaintiff's chiropractic care was unreasonable and unnecessary. The chiropractor admitted that he wrote his final report nine months after plaintiff's last visit but that his SOAP notes did not reflect any objective injury.

Defendant alleged that plaintiff's treatment with the orthopedic surgeon and neurosurgeon was not related to the accident and it began after plaintiff ran the half-marathon she denied running under oath.

Settlement Discussions

Plaintiff demanded defendant's $100,000 policy limit at the onset of litigation, then issued an offer to compromise for $30,000. Defendant issued an offer to compromise for $20,001. Shortly before trial, plaintiff issued another offer to compromise for $14,999.

Specials in Evidence

$11,500 $80,000

Damages

Plaintiff asked the jury for $249,500 for her personal injuries.

Injuries

Plaintiff claimed to suffer from intense back pain. Plaintiff's experts testified that she suffered a lower back injury for which she required chiropractic care and epidural steroid injections. They also testified that the accident left plaintiff unable to engage in activities such as running a half-marathon. Plaintiff's neurosurgeon testified that she may need a surgical fusion within the next 10 years. Plaintiff claimed that she had run a half-marathon the year before the accident but that she was unable to run a half-marathon thereafter, because of the accident. According to the defense, plaintiff admitted that she did in fact run a post-accident half-marathon after being shown, on the witness stand, color photographs from the race.

Result

Prendergast was found 100 percent liable for the accident and plaintiff was awarded $300, which has since been paid. Defendant has filed a memorandum of costs for $12,703.

Other Information

Defendant was insured by Auto Club of Southern California.