Facts

On Feb. 22, 2006, plaintiff Ryan Bromage, 25, was driving a utility truck on his way to work on Kiowa Road near the intersection with Park Road in an unincorporated area of San Bernardino County. Defendant Paula Schwalm was driving a 2003 Honda Civic and failed to notice that traffic had come to a stop. Defendant rear-ended the plaintiff's vehicle, propelling it in into the vehicle ahead of it. Liability was undisputed.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's damages. Depositions of plaintiff's experts established substantial inconsistencies with respect to plaintiff's claimed brain damage. Review of extensive medical and employment records showed that many of plaintiff's problems were caused by his use of methamphetamine.

Settlement Discussions

The plaintiff demanded the insurance policy limits of $250,000 at the mandatory settlement conference and threatened to sue for bad faith if a judgment in excess of that amount was obtained at trial. The defendant offered $70,000 at the mandatory settlement conference. Following the deposition of plaintiff's designated experts, the defendant reduced the settlement offer to $35,000 via C.C.P. section 998. In response, the plaintiff reduced his demand to $125,000 via C.C.P. section 998.

Specials in Evidence

$17,629 $55,000

Damages

The plaintiff claimed he lost his job as a result of his inability to work after the accident.

Injuries

The plaintiff struck his head on the rear window of the utility truck, breaking the window. His head then struck the edge of a toolbox, causing a 2 to 3-inch laceration to the back of his head. He began treating with a chiropractor the day after the accident, complaining of neck and back pain, blurred vision, headache, dizziness, numbness and difficulty sleeping. He then consulted a neurologist and two neuropsychologists, claiming that he sustained brain damage as a result of the accident.

Result

The case settled for $37,000.

Other Information

This case report consisted of information provided by defense counsel. Plaintiff's counsel was unavailable for comment.