Facts

On May 16, 2005, at approximately 10 a.m., plaintiff Maricar Mesina, 18, was traveling to Tulare as a passenger in a van with her recruiter and his assistant. The plaintiff was seated directly behind the driver, the recruiter's assistant. It was raining and the driver was looking at her cell phone and driving at speeds that were unsafe for the weather condition. The driver dropped her phone when the van hit a bump and began to hydroplane. The driver lost control of the vehicle, causing it to roll over seven times over into a metal storage shed.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the driver was driving recklessly at speeds that were unsafe for the weather conditions and playing with her cell phone while driving, which resulted in plaintiff's injuries.

Settlement Discussions

No offer prior to mediation.

Specials in Evidence

$42,647

Injuries

The plaintiff fractured her right foot and sustained lacerations on her knees. Glass had to be removed from her knees. The plaintiff sustained bruises to her face and shoulders; soft tissue swelling in the spine; cervical syndrome with cephalgia; thoracic syndrome and lumbar syndrome. The plaintiff underwent open reduction internal fixation of the right foot for the Lisfranc fracture dislocation, with screws put in for placement. A second surgery was needed to remove a broken screw from the previous procedure.

Result

The case settled for $276,080.