Facts

On Aug. 29, 2009, Jeanne McFarland drove east on 2nd Avenue in Escondido with her daughter, Jordan McFarland and another person as passengers. A pickup truck driven by Raymond Robinson crashed into the side of McFarland's vehicle as it entered an intersection at Centre City Parkway. McFarland and her daughter sued Robinson.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed defendant operated his pickup truck in a negligent manner, which caused plaintiff's car to topple over, because he ran a red light and then hit the side of plaintiffs' car.

DEFENDANT'S CONTENTIONS:
Robinson argued that plaintiffs sought an excessive amount for their injuries and noted that there was one-year break in treatment for Jeanne.

Settlement Discussions

Jeanne demanded $100,000 at the policy limits and Jordan demanded $17,500. The defense offered $50,000 to Jeanne and $10,000 to Jordan.

Damages

Jeanne McFarland requested $250,000, which consisted of past medical costs, lost earnings, damage to her property and pain and suffering. In addition, her daughter requested $40,000, which consisted of past medical costs and pain and suffering.

Injuries

Jeanne McFarland suffered a neck injury, and received physical therapy and pain management care. She also claimed cervical facet syndrome, that her range of motion became limited in that area and that her arm became weak. Her daughter suffered from lumbar strain and lower back issues, for which she received physical therapy and chiropractic care.

Result

The court awarded $275,734, which consisted of $243,979 for Jeanne and $31,755 for her daughter.

Other Information

INSURER: Allstate Insurance Company insured Raymond Robinson.