Facts

On April 20, 2003, plaintiff Timothy Waite, 43, was struck on Phelan Road near Victorville by a crossover Jeep driven by a 51-year-old intoxicated defendant Kelly Schaub. (Schaub died of unrelated causes and her $50,000 policy was paid shortly after the collision).

The plaintiff claimed that defendant Penny Hall, 35, was driving behind the plaintiff and broadsided plaintiff's car due to inattention, tailgating and cell phone use.

Defendant Hall claimed that defendant Schaub swerved to the right to avoid the main collision and contacted the bed of plaintiff's pick up as they both came to rest on the dirt shoulder. All three vehicles were totaled.

Settlement Discussions

The plaintiff accepted a time limited offer for $100,000 the next day. (The plaintiff's prior statutory demand was for defendant's $250,000 policy limits, which was rejected, after which the plaintiff contended the policy was "open").

Specials in Evidence

$180,000 (medical lien)

Damages

The plaintiff's economist put his total loss of income at seven figures following a determination that he was permanently totally disabled by the Social Security Administration.

Injuries

Plaintiff Waite, a truck driver, sustained serious fractures to both feet, was immobilized for over three months and took a year for his initial recovery. After complicated foot surgeries, he attempted to return to work as a truck driver, but couldn't due to foot, back, neck, depression and emotional problems. Family and friends testified that his personality changed drastically due to chronic pain, anger, inability to work, post-traumatic stress and sexual dysfunction.

Result

Settlement for $100,000.

Other Information

The plaintiff appeared for trial in a wheelchair, having just undergone corrective surgery to his still deformed left foot. As the trial was concluding, but prior to testifying, the plaintiff, a diabetic, was hospitalized because of his toes were turning black. When his surgeon could not provide assurance as to when (or if) plaintiff could return to testify, the court declared a mistrial. All 14 jurors were interviewed following their discharge; 100 percent stated their intention to vote for a defense verdict.

Length

three weeks