Facts

On Oct. 26, 2007, plaintiff Debra Reinking stopped at the intersection intending to turn left. She was waiting for oncoming traffic to clear when her Volvo SUV was rear-ended by a Toyota Corolla driven by defendant Jessica Nicholas.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that Nicholas was inattentive and driving too fast. The plaintiffs relied on the testimony of Reinking and another independent witness who testified that Reinking had been stopped at the crossroad for a number of seconds before being rear-ended.

DEFENDANT'S CONTENTIONS:
Nicholas and the underinsured motorist carrier contended that Reinking had passed the Toyota over the double yellow line and then swerved in front of the Toyota before coming to an abrupt stop at the crossroad, resulting in the collision.

The defendants relied on the testimony of Nicholas's father who claimed to have seen the accident from his vehicle and an independent witness who testified that the Volvo swerved in front of the Toyota.

The underinsured motorist carrier contended that the impact was not sufficient to cause brain damage; the symptoms and complaints of Reinking right after the accident were inconsistent with brain damage; her MRI was negative and she suffered no loss of consciousness.

Specials in Evidence

$94,601 $262,500 (disputed) $3,600,000 (disputed) $709,522 in future attendant care (disputed)

Injuries

The plaintiff claimed cognitive impairment due to brain damage.

Result

Nicholas paid $15,000 policy limits and the underinsured motorist carrier paid $1,235,000 policy limits ($1,250,000 minus a credit for the payment by the insured driver) for a total of $1,250,000 to plaintiffs.

Other Information

FILING DATE: March 18, 2008.