Facts

On Dec. 26, 2000, plaintiff Mary Anaya was driving southbound on Antelope Valley Freeway in the number one lane. Defendant William Wayne Atkinson was driving behind her in a pickup truck with a cement pumper, when he turned into the number two lane in order to pass Anaya. Before he completely passed her car, he turned into her lane. In order to avoid hitting the defendant, the plaintiff turned into the center median of the freeway. Her car hit the guardrail and flipped over 2.5 times before coming to a rest on its roof. The defendant admitted liability.

PLAINTIFF CONTENTIONS:
The plaintiff claimed she suffered significant injuries to her right wrist, right knee, and right shoulder, requiring five surgeries. She also suffered traumatic brain injury and an injured disc in the low back. She developed widespread chronic pain and fibromyalgia that left her totally disabled. As a result of her injuries and surgeries, the plaintiff lost her job and was unable to work. DEFENDANTS

The plaintiff claimed she suffered significant injuries to her right wrist, right knee, and right shoulder, requiring five surgeries. She also suffered traumatic brain injury and an injured disc in the low back. She developed widespread chronic pain and fibromyalgia that left her totally disabled. As a result of her injuries and surgeries, the plaintiff lost her job and was unable to work. DEFENDANTS CONTENTIONS:
The defendants contended that the plaintiff's knee and shoulder problems, including her surgeries, were unrelated to the accident. They also claimed that she did not suffer a brain injury and that her chronic pain was unrelated to the accident. She was capable of returning to work within two years of the crash and her need for future medical care was minimal.

Specials in Evidence

$230,484 $82,295 (including benefits) $433,982 $636,520-797,013

Injuries

The plaintiff suffered a fractured wrist, torn rotator cuff, mild traumatic brain injury, fractured ribs, torn meniscus, lumbar disc injury, fibromyalgia, and chronic pain.

Result

Before the Hon. Michael B. Rutberg (Ret.), the plaintiff was awarded $2,895,092. The defendants paid their $1 million policy limit pursuant to the binding arbitration agreement cap.

Other Information

Defense counsel was retained shortly before the trial date and was not allowed to amend its expert witness list so as to add additional expert witnesses, nor was defendant allowed to engage in additional discovery. The plaintiff agreed to a binding arbitration cap of $1 million after the defendant filed for bankruptcy.