Facts

On Sept. 4, 2011, plaintiff Howard Folkman, a 58-year-old agriculture and landscape architect and contractor, was driving a 2002 Toyota Highlander northbound on the 101 Freeway in Calabasas, when defendant driver, driving a Nissan Altima rear-ended plaintiff's vehicle. Plaintiff's vehicle hit the guardrail and veered back into lanes and flipped onto its roof. Plaintiff had two passengers in his vehicle, his daughter Chorisia Folkman, and his nephew, Lance Oksner.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendant hit-and-run driver was negligent in the operation of their vehicle and that all of plaintiffs' claimed injuries were the direct result of said negligence.

Settlement Discussions

Plaintiffs demanded and GEICO tendered its $100,000 per accident uninsured motorist limits maintained by the registered owner of the vehicle, Lance Oksner. Plaintiffs then demanded the remaining $400,000 in excess uninsured motorist coverage limits on the driver's policy. Auto Club, the insurer, didn't make any offers of settlement for about one year, disputing the nature and extent of the claimed injuries and causation of those injuries as to all of plaintiffs. Auto Club took the position that no future surgeries were required and that the injuries were moderate in nature only requiring a few weeks of physical therapy.

Specials in Evidence

$29,453 (Howard), $87,962 (Lance), $39,774 (Chorisia) none for all three plaintiffs $80,000 (Howard), $25,000 (Lance), none for Chorisia

Injuries

Howard suffered cervical and lumbar strains and sprains and a right shoulder rotator cuff tear. Due to ongoing lumbar pain, he underwent lumbar MRI, which revealed a 4-5 millimeter L1-2 disc and 4-5 millimeter L4-5 and L5-S1 disc. He will also require a right shoulder arthroscopy. Lance was transported by ambulance to Los Robles Regional Medical Center for emergency treatment and then transported to Kaiser where he was hospitalized for three days. He sustained cervical and lumbar strains and sprains, traumatic impingement syndrome to right and left shoulder, right shoulder slap lesion, and right and left knee sprains. Oksner is a candidate for right shoulder surgery. Chorisia, who was pregnant and in her second trimester was transported by ambulance to Los Robles Medical Center. She sustained cervical and lumbar strains and sprains and cuts to both knees and legs from glass. She had a couple follow up visits with her obstetrician/gynecologist and no further treatment.

Result

The case settled for the additional $400,000 making the total settlement of $500,000 policy limits for all three plaintiffs.

Other Information

INSURER: Auto Club of Southern California.