Facts

On Jan. 4, 2005, plaintiff Victoria Lortscher, 40, was driving a Ford Explorer westbound on Calabasas Road in Calabasas when defendant Kari Jo Schultz, operating a rented Volvo, pulled out in front of her from a business driveway intending to turn left onto eastbound Calabasas Road.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant made an unsafe left turn directly in plaintiff's path.

DEFENDANT'S CONTENTIONS:
The defendant contested liability based on an independent witness, traveling behind the plaintiff, who was able to avoid the defendant.

The defendant also contested the nature and extent of plaintiff's residual injuries, claiming that there were no significant limitations as a result of the injury and that there was no need for a future surgery. Further, plaintiff's ongoing complaints were exaggerated and related to plaintiff's chronic overuse of pain medication. In addition, the defendant contested the nature and extent of the soft tissue injuries.

Settlement Discussions

Two years before trial, the plaintiffs served a C.C.P. section 998 for $550,000. The defendant ultimately offered $200,000. The plaintiffs then demanded $350,000 via C.C.P. section 998. As a result of C.C.P. section 998s, the plaintiffs submitted a claim for $300,000 in prejudgment interest.

Specials in Evidence

$32,052 $39,000

Injuries

The plaintiff suffered a fractured calcaneus and cuboid, which resulted in a non-union. The plaintiff required a surgery to remove scar tissue, which developed. The plaintiff claimed the need for possible ankle fusion. The plaintiff also claimed minor soft tissue injuries. The plaintiff's husband claimed loss of consortium.

Other Information

Insurer: Metropolitan Property and Casualty for Kari Jo Schultz.