Facts

Plaintiff Jennifer Graf was crossing an intersection at 3rd Street in Los Angeles while traveling northbound on Highland Avenue, when her vehicle collided with defendant James Puzzuoli's vehicle, which was making a left turn onto 3rd Street from the southbound side of Highland Avenue. The signal was green for northbound travel, and there were vehicles in the number one lane waiting to turn left onto westbound 3rd Street from northbound Highland, blocking both Puzzuoli and Graf's views of each other.

Graf was unconscious for about 30 to 90 seconds as a result of the collision. The investigating officer at the scene determined Puzzuoli was at fault for the accident, having violated the left-turn statute.

PLAINTIFF'S CONTENTIONS:
Graf alleged that she clearly had the right of way because she was heading straight through the intersection during a green light. She further contended that Puzzuoli should not have made his turn until it was safe. Graf also stated that she did not see Puzzuoli until he was about 7 to 10 feet away and she did not have time to avoid the accident at that point.

Settlement Discussions

On Sept. 5, 2008, Graf made a demand for $500,000, under CCP 998. On Nov. 6, Puzzuoli offered $50,000. At the last mandatory settlement conference before trial, Graf's demand was $350,000. On Dec. 2, Graf made a final CCP 998 demand of $250,000. Puzzuoli's top offer was $150,000.

Damages

Graf claimed damages for $34,179 in past medical, $50,000 for future medical, $170,000 in past lost earnings, as well as $500,000 for future lost earnings.

Injuries

Graf claimed she suffered neck pain and stiffness, left shoulder pain, left lower back pain, nervousness, irritability, depression, bruises on her hips, knee and nose, as well as cervical, lumbar, sacroiliac, left shoulder and knee strain. She also suffered cerebral concussion post-concussion syndrome with cephalgia, post-traumatic cervical sprain, and post-traumatic stress reaction.

Result

The jury awarded $253,664 in economic damages and $25,000 in non-economic damages, reduced by 15 percent comparative fault. As the net verdict and recoverable costs exceeded the $250,000 statutory offer to settle, Graf was also awarded expert costs and interest totaling in excess of $120,000.

Other Information

INSURER: AAA of Michigan. FILING DATE: Apr. 11, 2008.