Facts

On Dec. 12, 2004 on Baseline Road at the intersection of Waterman Street in the city of San Bernardino, decedent, Moses McDaniel, was traveling eastbound on Baseline Road in lane one. He signaled a lane change and moved into lane two. He was intending on turning right onto Waterman Avenue when his vehicle was rear-ended.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the decedent made a sudden lane change without signaling and suddenly stopped in front of the plaintiff. The plaintiff contended that the impact was significant and that he tore the medial meniscus of his right knee in the accident.

DEFENDANT'S CONTENTIONS:
The defendant contended that there was lack of causation to cause a torn medial meniscus. At most, the plaintiff sustained bruises and contusions, and that plaintiff had pre-existing degenerative condition of his knee.

Settlement Discussions

The plaintiff demanded $100,000. The defendant offered $2,800.

Injuries

The plaintiff claimed contusion and sprain with a radial tear of the posterior horn of the medial meniscus of the right knee; osteochondral defect on the posterior weight bearing area of the right knee; chondromalacia patellae. The plaintiff was treated with an orthopedist and had MRI and x-rays.

Result

The plaintiff settled for $10,000.

Other Information

The plaintiff testified at deposition that he was not going to have knee surgery. FILING DATE: May 4, 2007.