Facts

On the morning of Oct. 3, 2008, plaintiff Kristee Diersing, a 29-year-old escrow officer, was a front-seat passenger in a vehicle operated by Roger Hance, traveling southbound on the 405 freeway. Plaintiff Deanna Hernandez, a 33-year-old escrow officer, was also a passenger in the vehicle, seated directly behind Diersing in the rear. Plaintiffs, both wearing their seatbelts, were employed by one more entities owned by Hance, and were within the course and scope of their employment at the time.

At approximately 9:25 a.m., while Hance was traveling in the high-occupancy vehicle lane, a rented vehicle by Alexander Shoobridge, an Australian traveling with his family, attempted a lane change from the southbound number one lane into the HOV lane on its left. The left rear quarter panel of Shoobridge's vehicle collided with the right rear front fender of Hance's car. The force of the impact caused Hance's vehicle to be thrown into the concrete divider wall, and then propelled into the air before crashing back down onto the freeway.

Diersing and Hernandez sued Shoobridge and Alamo Financing L.P., the rental company for his vehicle. State Farm Insurance, a carrier for the Worker's Compensation coverage that was extended to Diersing due to her employment at the time of the accident, joined the action as plaintiff-in-intervention.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Shoobridge was negligent for making a sudden lane change, and crossing the double yellow line that separated the HOV lane from the number one lane on southbound Highway 405. Shoobridge was cited as the primary collision factor for his unsafe lane change, illegal crossing into the HOV lane, and his violation of the right-of-way of the Hance's vehicle.

Specials in Evidence

$438,870 (for Diersing) $180,000 (Diersing)

Injuries

Diersing was taken by ambulance to the emergency room from the scene of the accident, claiming immediate pain to her right ankle, right knee, right shoulder, right wrist, right hip, neck and lower back. Diersing underwent an MRI of her right knee that revealed a truncation at the apex of the posterior horn of the medial meniscus and laterally tilted patella. Diersing initially treated the knee conservatively, and after multiple examinations, underwent arthroscopy with partial medial meniscectomy. Diersing had an MRI on her right ankle that revealed peroneus longus tendinopathy, and a mild sprain of the anterior talofibular ligament, with an anterolateral impingement and measurable effusion. She underwent a right ankle arthroscopy with debridement. Diersing treated her neck injuries conservatively, but claimed she began experiencing increased pain in her neck and mid-back, as well as numbness in her right, dominant hand and right foot. She underwent a cervical MRI that revealed herniated discs at C5-6 and C6-7, as well as upper extremity radiculopathy. She initially treated with epidural injections, which she claimed did not relieve her pain and symptoms. She underwent a cervical decompression and fusion surgery at C5-6, which required a revision, specifically a posterior iliac crest graft reinforcement.

Result

The case settled for $958,832 ($766,332 for Diersing; $150,000 for State Farm; $42,500 to Hernandez).

Other Information

MEDIATOR: Michael D. Moorhead, neutral. INSURER: Rental Insurance Services Inc. insured Shoobridge and Alamo.