Facts

On April 5, 2006, at 4:30 p.m. plaintiff, Mara White was driving her 1987 Jeep Wrangler in the number two lane of Venice Boulevard in Los Angeles when she was rear-ended by a 1987 BMW 325i. The driver of the BMW tried to flee the scene by cutting through a parking lot. The BMW was in smoke and could not be driven any further, so the driver pushed it until it came to rest on a nearby street. He then fled the scene on foot. The at-fault driver was never identified.

CLAIMANT'S CONTENTIONS:
The claimant contended that the treating physicians recommended either anterior discectomy and fusion at C4-5 and C5-6 or artificial disc replacement. The claimant wanted to get the disc replacement done overseas.

RESPONDENT'S CONTENTIONS:
The respondent contended that the claimant did not seem particularly interested in surgery as an option; she treated sporadically for over a year and a half with various chiropractors and acupuncturists; the medical records reflected degenerative disc disease; and there was minimal property damage.

Specials in Evidence

approximately $6,000; none;

Damages

$3,889 in property damage;

Result

The case was settled for $250,000 policy limits plus $5,000 med pay limits, reimbursement of which was waived.