Facts

Monique Withington sued Dennis McCollum and Cortech Engineering Inc. in connection with a motor vehicle accident that occurred on Aug. 8, 2012 at around 7:30 in the evening in Huntington Beach.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that, as she was driving southbound on Bolsa Chica Rd., defendant broadsided her as she entered the intersection with Oahu Dr. Plaintiff alleged that defendant was making a left turn at the time onto Bolsa Chica Rd. She sustained injuries as a result and sued defendant driver and the owner of his vehicle, Cortech, for negligence and vicarious liability. Plaintiff further alleged that defendant, who had a stop sign, failed to yield to oncoming traffic at the subject intersection. Plaintiff further alleged that the impact caused her vehicle to spin out several times and cross the median divider. Plaintiff alleged that she lost her job because of her injuries. Plaintiff also alleged that defendants cannot be relieved of liability for the fusion failure even if the failure was caused by her smoking habits.

DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of plaintiff's claimed injuries and contended that her fusion's failure was due to her failure to quit smoking as her doctor had ordered.

Damages

Withington requested $48,965 in past medical expenses, $95,164 in lost earnings, between $165,000 and $192,000 in future medical expenses, and an unspecified amount for past and future pain and suffering damages.

Injuries

Withington claimed she suffered a concussion as a result of the impact. She also claimed she fractured her wrist and a subsequent MRI revealed a herniated spine for which she underwent a decompression, total discectomy, and fusion surgeries. She claimed a need for future surgery due to pseudarthrosis and the fusion material becoming loose.

Result

The parties reached a $1.25 million mediated settlement.

Other Information

MEDIATOR: Troy Roe. FILING DATE: July 25, 2014.