Confidential
Arbitration – $185,483Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
On Feb. 12, 1999, the plaintiff, a 47-year-old registered nurse, was driving her Toyota Corolla
northbound on I 805 in Mission Valley on the 805/8 overpass. The defendant, at the wheel of a
tractor-trailer, attempted to change lanes and pushed the plaintiffÆs car partially into the shoulder.
The plaintiff turned her wheels to the left to correct. When the defendant pulled back, the plaintiff
crossed in front of the defendant whereupon he struck the left rear quarter panel of her Toyota,
sending her into an uncontrolled spin across four lanes of rush-hour traffic. The plaintiff struck
the guard rail on the left side and then pivoted out facing traffic and was hit again by an
oncoming vehicle. The defendant truck driver did not stop. The license plate number of his trailer
was taken by another motorist who witnessed the crash.
Settlement Discussions
The plaintiffÆs last demand was $200,000. The defendantÆs last offer was $165,000. The arbitration award before Herbert Hoffman, retired judge, was within the high/low parameters.
Specials in Evidence
$5,482 $840 $1,000 - $3,000
Injuries
The plaintiff suffered a crush laceration to the right side of her head and a hematoma on the left. She also re- injured her right arm which had been broken eight months earlier. The arm returned to its previous level within three months after a course of physical therapy. The plaintiff developed ringing in her ears (tinnitus) five days after the crash. Since that time the ringing has been constant. She also has dizziness and is sensitive to loud noises. The defense medical examiner asked for an ENG which showed that the plaintiff had objective evidence of damage to her inner ear. This was an explanation of the dizziness but not the tinnitus. There are no known cures for tinnitus, which is a subjective condition. The plaintiffÆs dizziness may be helped by balance retraining. In addition, the plaintiff began to have migraine headaches, once every month instead of rarely.
Other Information
The plaintiffÆs complaint against the defendant had a cause of action for punitive damages for hit and run. At mediation prior to trial, the defendants proposed a high/low binding arbitration with the defendants paying all costs in exchange for a dismissal of the complaint and a punitive damages claim. The plaintiff accepted the defendantsÆ offer.
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