Facts

According to plaintiff, on Aug. 11, 2008, defendant Eugene Herman Hall was driving his vehicle northbound on Ruffner Avenue behind plaintiff Lisa Schindelheim who was also northbound. Defendant was attempting to pass plaintiff in the intersection on the wrong side of the road as plaintiff was starting to turn left. Defendant's front passenger wheel and assembly struck plaintiff's vehicle on its driver's front corner. As a result of the impact, plaintiff's vehicle spun to the right at which time her arm came entangled in the steering wheel and her right arm then was jammed against the dashboard. X-rays show the large bone in her upper arm (humerus) sustained displaced fractures. She also sustained a fracture of her radial bone (callus) where her hand hit the dashboard or steering post.

According to defendant, defendant was traveling northbound on Ruffner Avenue. Plaintiff's vehicle was in front of him. Defendant observed plaintiff make a right turn onto Lahey Street (intersection where collision occurred), and disappear from view as defendant continued northbound. As defendant was passing through the intersection with Lahey in the northbound lane, plaintiff allegedly made a very quick U-turn and hit defendant's right front wheel/fender area. Defendant has estimated he was traveling approximately 20 mph at the time of impact.

Plaintiff's expert opined that plaintiff's arm went through the steering wheel (up to her humerus bone). When the wheel turned from the impact, it broke her arm.

A traffic collision report lists the plaintiff as the primary collision factor in violation of Vehicle Code section 22103 (no person in a residential district shall make a u-turn when any other vehicle is approaching from either direction within 200 feet). Plaintiff admitted to making a u-turn to the responding police officer.

Settlement Discussions

Plaintiff made a CCP 998 demand of $100,000. Defendant made no offer.

Specials in Evidence

$21,878

Injuries

Plaintiff was taken by ambulance to Northridge Hospital. Plaintiff underwent physical therapy, which lasted a long time due to plaintiff's bones refusing to unite. Plaintiff's arm finally healed but with an angulating deformity that defense doctor claimed was within normal limits (15 degrees), and should present no limitation on work or social activities.

Result

The court awarded $125,455 to plaintiff.

Other Information

INSURER: Auto Club.