Facts

Plaintiff Paul Kovach and defendant Zhiming Yu were both driving on eastbound SR-60, west of Azusa Avenue in Pomona. The defendant made a lane change to the right and caused his vehicle to strike the left rear of plaintiff's vehicle. This impact caused the plaintiff's vehicle to hit the dirt embankment and overturn, coming to rest on its roof. The plaintiff's vehicle was declared a total loss. The defendant was later detained and prosecuted for driving under the influence of alcohol.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's intoxication and unsafe turning movement directly caused the accident.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff's injuries might have been from another vehicle accident in early 2007.

Settlement Discussions

The plaintiff demanded $100,000 for medical specials, as well as pain and suffering. The defendant offered $15,000.

Specials in Evidence

$13,800

Injuries

The plaintiff was diagnosed with Grade III acromioclavicular separation of the left shoulder and soft tissue injuries to his mid-back, lower back and right thigh.

Result

The case settled for $85,000.

Other Information

FILING DATE: Feb. 29, 2008.