Facts

On Jan. 28, 2007, at 12:51 p.m., plaintiff Mary Alice Perez, a 31-year-old elementary school teacher, was a front-seat passenger in a 1998 Saturn driven by her friend, Helen Louise Crabtree. Crabtree's vehicle was stopped behind traffic at a red traffic signal northbound on Main Street at the intersection with Myrtle Street in Santa Ana. Defendant Cynthia Leticia Ceballos' 2004 Passat crashed into the rear of Crabtree's vehicle. The force of the collision pushed Crabtree's vehicle into a 2005 BMW stopped in front of her. Crabtree's vehicle was declared a total loss. Perez, who was seven months pregnant at the time, was transported by ambulance to St. Joseph's Hospital with complaints of pain to her stomach.

PLAINTIFF'S CONTENTIONS:
The investigating officer concluded that Ceballos caused the incident by traveling at an unsafe speed for the prevailing conditions.

DEFENDANT'S CONTENTIONS:
The defendant admitted liability. The defendant stated that she stepped on the accelerator instead of the brake pedal prior to the collision.

Specials in Evidence

Approximately $5,000 was paid by plaintiff and her health insurer.

Injuries

Perez went into pre-term labor as a result of her injuries. Her treating physicians successfully relieved this condition. She was later diagnosed with cervical strain, right trapezium strain, and knee pain.

Result

The case settled for $50,958 ($15,000 from Mercury Insurance; $35,958 from plaintiff's UIM carrier, Farmers).

Other Information

Mercury Insurance, the defendant's insurer, settled on Sept. 19, 2008.