Facts

Plaintiff Aharoni was stopped for a red light when defendant Virani, driving on the cross street, ran a red light. Virani broadsided Aharoni in his Subaru, causing it to overturn landing on its side.

PLAINTIFF'S CONTENTIONS:
Aharoni contended that Virani was at fault for the accident in failing to stop for a red light or to take any action to avoid the impact. Aharoni alleged that Virani was driving approximately 50 mph when he ran the red light.

DEFENDANT'S CONTENTIONS:
Virani contended that, because of the severe concussion he sustained, he did not recall the accident, or the events leading up to it. Virani admitted negligence, but disputed Aharoni's alleged need for surgery and head injury. Virani contended that Aharoni failed to make any allegations of a head injury until a few months before trial.

Settlement Discussions

Aharoni demanded $100,000 (policy limits). Virani initially offered $15,000 and raised the offer as discovery progressed.

Specials in Evidence

$19,697

Injuries

Aharoni claimed he suffered closed head injury, shoulder impingement syndrome, and tear of the medial meniscus of the right knee, along with post-traumatic stress disorder.

Result

The case settled following mediation with Darrell Forgey of Judicate West.

Other Information

Post-settlement, no diagnosis of mild traumatic brain injury was made. FILING DATE: March 12, 2009.