Facts

On Oct. 14, 2002, after having dinner to celebrate her 44th wedding anniversary in Monterey, plaintiff Elizabeth Abraham, her son Mark, along with two of her granddaughters, were in a 1998 Ford Explorer that was stopped at a red traffic signal on Cabrillo Highway (Highway 1) in Carmel during their drive back to a campsite in Big Sur where they were staying for five days. After coming to stop, their vehicle was rear ended by a vehicle driven by defendant Laurie Flanagan-Jones. The impact propelled the Abraham vehicle into the vehicle ahead of it.

At the time of the incident, the plaintiff was a healthy 62-year-old mother of four children. She had just semi-retired in February 2002, and was looking forward to a future of traveling and spending more time with her husband and family.

The defendant admitted fault for the collision, but claimed the plaintiff's shoulder was not injured in the collision, but resulted from a pre-existing degenerative condition.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $150,000. The defendants made a C.C.P. Section 998 offers for $60,000.

Injuries

The plaintiff claimed she sustained right shoulder rotator cuff tear. She underwent two arthroscopic shoulder surgeries and extensive conservative care over a four-year period. The plaintiff also claimed neck sprain.

Result

Verdict $165,000 ($90,000 special damages and $75,000 general damages).

Other Information

The case was mediated before Katherine Stoner of Pacific Grove on Nov. 1, 2006.

Deliberation

three hours

Poll

11-1

Length

three days