Facts

Plaintiff Carla Rundle, a 69-year-old retired school teacher, was on her way to a substitute teaching job. Defendant Jaime Joel Garcia, who was driving a box truck on the freeway in the course and scope of his employment with defendant City of Los Angeles, changed lanes into plaintiff's lane, striking plaintiff's car. The impact sent plaintiff's car spinning out of control until she struck the center median and ended up facing oncoming traffic.

Defendant admitted liability.

Settlement Discussions

Plaintiff demanded $100,000. Defendant made a CCP 998 offer of $50,000.

Specials in Evidence

$53,518 $6,227 $54,000

Injuries

Plaintiff sustained musculoskelatal injuries to her neck, shoulders, lower back, and left leg. She also sustained subluxation of the thumb joints, causing bilateral hand and thumb pain. She was eventually diagnosed with right knee full thickness cartilage loss in the patella, loose fragment in the suprapatellar pouch, and cleavage tear of the lateral meniscus. In March 2009, she underwent right knee arthroscopy with extensive intra-articular shaving, resection of loose fragments, abrasion arthroplasty of the patella, partial and lateral meniscectomy involving the free edge of the meniscus. Dr. Hormoz Zahiri testified that plaintiff will likely require a second arthroscopic surgery in order to relieve her knee to its maximum medical improvement and function. Plaintiff experienced severe emotional distress as a result of the incident and received counseling from a licensed clinical social worker to help her get behind the wheel and drive her car again. Defendant claimed that plaintiff was fully recovered from her injuries by the time she was initially released from active care by Zahiri in May 2008. Defendant further claimed that plaintiff's right knee was not injured in the collision and that the surgery performed and any future surgeries to the right knee are not as a result of the collision.

Result

Verdict for $308,791 ($59,745 past economic; $45,000 future economic; $96,046 past non-economic; $108,000 future non-economic).

Other Information

FILING DATE: May 15, 2009.

Deliberation

five hours

Length

4.5 days