Facts

Victoria Piccolotti, 55, sought recovery from her insurance company State Farm Mutual Automobile Insurance Co. for claimed damages relating to an automobile accident.

CLAIMANT'S CONTENTIONS:
Claimant contended that at approximately 8:00 a.m., she dropped off her dog at an animal daycare center. She claimed that she made a left turn out of the center's driveway, heading westbound. She contended that she was traveling approximately four to five car lengths when a vehicle traveling eastbound swerved into her lane and struck the front, passenger side of her vehicle.

RESPONDENT'S CONTENTIONS:
Respondent contended that, according to the uninsured driver, claimant pulled out directly in front of his vehicle, and that he swerved in an attempt to avoid claimant's vehicle.

Respondent claimed that the uninsured motorist was an immediate hazard and that claimant violated California Vehicle Code Section 21804(a) when she entered the road.

Settlement Discussions

Claimant served a CCP 998 offer to compromise for $45,000.

Damages

Claimant sought $5,355 in past medical costs and $139,416 in estimated future medical costs. She also sought damages for pain and suffering.

Injuries

Claimant alleged neck pain and an MRI revealed large, multi-level cervical disc herniations at the C3-4, C4-5, and C5-6 levels. She claimed she treated her injuries with chiropractic care for about 3.5 weeks. Claimant's treating doctor and respondent's independent medical exam physician agreed that claimant required a three-level cervical infusion. Respondent's orthopedic surgery expert opined that although claimant required the cervical infusion, it was due to a pre-existing bone spur condition. The expert also opined that claimant would only have suffered whiplash in the accident, which had since healed.

Result

The arbitrator found the uninsured driver 75 percent at fault and claimant 25 percent at fault. He awarded claimant $180,355, reduced to $135,2665 after a comparative-fault reduction. Claimant was also awarded $6,441 in costs, for a total recovery of $141,707.