Facts

On July 31, 2008, at 11:07 p.m., Chou Thao Her and plaintiff Cha Thia Her were traveling southbound on South Auberry Road in Fresno approaching a slight hill and curve. Donna Pottorff's northbound vehicle, traveling at an allegedly high speed, crossed the yellow lines and entered the southbound lane. Chou Thao Her did not have time to avoid the collision. The front of Donna Pottorff's vehicle collided with the front of plaintiffs' vehicle causing the plaintiffs' vehicle to flip to its side.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Donna Pottorff was under the influence of alcohol or prescription medications when she crossed the plaintiffs' lane and caused a head-on collision, resulting in plaintiffs' losses.

Specials in Evidence

$1,136,115 for Cha Thia Her; $32,617 for Sia Yang

Injuries

Wrongful death of Chou Thao Her. Cha Thia Her, 50, suffered an aortic dissection, broken left femur, lacerated liver, abrasions, cuts, pulmonary collapse, injury to thoracic aorta, kidney hematoma, head injury, abdominal pain, pneumonia, joint pain-pelvis, cervicalgia, acute respiratory failure, vocal cord paralysis, brain injury, along with mental and emotional injuries. Sia Yang suffered a mid-line thoracic area spine tenderness, hit lower right back of head, bloody cuts on both hands, shattered glass imbedded in hands and feet, bruises all over body as well as her whole body being extremely sore, post-traumatic stress disorder, which had led to mental and emotional depression.

Result

The case settled for $600,000 policy limits ($500,000 for Cha Thia Her - $200,000 from Pottorff, $300,000 from Haire; $100,000 for Sia Yang from Pottorff).

Other Information

FILING DATE: Sept. 19, 2008; Jan. 15, 2010 first amended complaint; April 20, 2010 second amended complaint.