Facts

Catherine Bryant was stopped on Taft Highway when she was rear-ended by a pick-up truck operated by Austin Ballard. Bryant sued Ballard for negligent operation of a vehicle and Matthew Ballard for vicarious liability.

Bryant claimed that she was stopped for approximately one minute in her car waiting for children to exit the bus when she was rear-ended by Ballard who was inattentive and failed to slow his vehicle in response to the stopped traffic. Bryant's two-year-old toddler was in the backseat of her car during the incident, but fortunately escaped any injury.

Defendants admitted that their pick-up truck had bad brakes. Austin thought he could down shift in time, but could not avoid the collision. Defendants admitted liability, and the matter proceeded to assess the seriousness of the claimed injuries and damages.

Damages

Bryant claimed $800 in damages for past lost earnings; $87,286 in past medical costs; and sought additional damages for past and future pain and suffering.

Injuries

Bryant underwent chiropractic care two weeks after the accident. She complained of neck and back pain. She thereafter developed shortness of breath, and was diagnosed with plural effusion causing pneumonia. She underwent thoracotomy to remove the build-up of fluid in her cavity, and spent three weeks in recovery. She now has a permanent scar as a result of the surgery.

Result

The parties negotiated a $150,000 settlement during jury selection.