Facts

On Oct. 29, 2011, at 7:05 a.m., plaintiff Pong Re Shin, 55, was walking in the marked crosswalk northbound on Orange Drive crossing Melrose Avenue in Los Angeles as defendant Jill Arden Cossman, in the process of making a left turn, struck Plaintiff knocking her to the ground. Defendant was driving a 2009 BMW 650. The paramedics transported Plaintiff to Olympia Medical Center.

Defendant admitted liability.

Settlement Discussions

Plaintiff demanded $250,000 policy limit. Defendant made a CCP 998 offer of $25,000, raised to $75,000 prior to trial.

Specials in Evidence

$28,672

Injuries

On the same day of the accident, Plaintiff sought treatment with chiropractor Peter Jung. Plaintiff underwent a course of physical therapy for five months. Plaintiff suffered torn anterior cruciate ligament, degenerative disease and broad-based disc protrusions. Plaintiff underwent two epidural injections. Dr. Michael D. Smith, an orthopedic surgeon determined that Plaintiff's right knee problems were the result of the accident on Oct. 29, 2010. Dr. Smith testified that Plaintiff would need a total knee replacement, and that surgery and future medicals would cost between $40,000 to $60,000. Plaintiff was then referred to the Spaulding Surgical Center Beverly Hills, where she was treated by Michael Graf, an internist and anesthesiologist. Defendant claimed that Plaintiff suffered minor to moderate soft tissue injuries.

Result

$20,000 ($11,000 economic; $9,000 non-economic).

Other Information

Plaintiff was impeached during her testimony after an 11-minute surveillance tape was shown to the jury that showed her walking, running, and jogging on the day prior to and the morning of the trial. A cost bill of $18,291 has been filed. FILING DATE: Oct. 13, 2011.

Poll

12-0