Facts

On July 7, 2005, at 7 a.m., defendant Chad Detloff was driving a BMW X5 on Crenshaw Boulevard in Palos Verdes when his car crossed the center line on Crenshaw Boulevard and struck plaintiffs' Nissan Sentra head-on. Plaintiff Stephanie Hernandez, an 18-year-old student, was driving.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant fell asleep at the wheel and his negligence caused the collision.

DEFENDANT'S CONTENTIONS:
Prior to trial, the defendant admitted negligence.

Settlement Discussions

The plaintiffs' C.C.P. section 998 demand was $3,899,999. The plaintiffs' last demand was $4,950,000 (policy limits). The defendant made a C.C.P. section 998 offer of $2,000,001.

Specials in Evidence

$411,000 $600,000 to $3.5 million $3,050,000

Injuries

Plaintiff Stephanie Hernandez suffered fractures of her left and right femur, right tibia, right calcaneus and right great toe. She tore her ACL, PCL, and meniscus in her right knee and tore her meniscus in her left knee. She also injured her nose. She suffered post-traumatic stress disorder and depression. She had residuals of a closed-head injury. The plaintiff underwent numerous surgeries to repair her broken bones and knees. She underwent more than a year of counseling from a marriage and family counselor. The plaintiff contended that she would have to undergo bilateral knee replacements and at least two revisions on both knees during her lifetime. Although plaintiff is doing well at college, it was alleged that she would have done better if she did not have the psychological injuries and the closed-head injury. The defendant admitted that the accident caused the plaintiff's physical injuries but that she has made a remarkable recovery. She may need a total knee replacement on one knee but not the other. It is speculative that she would require a revision of the total knee, and if she did, it would be only one revision. The defendant argued that most of plaintiff's psychological problems were present before the collision. Any aggravation of those problems by the collision was minor. The defendant argued that the plaintiff did not sustain a closed-head injury. The defendant's psychiatrist contended that the plaintiff is doing better in college after the collision than she did in high school. Her loss of earnings should be no more than the one year her admission to college was delayed following the collision. The defense psychiatrist claimed that plaintiff was a malingerer.

Result

The case settled for $4,215,000.

Other Information

Safeco Insurance Co. insured the defendant.