Facts

On Aug. 15, 2006, plaintiff, Annette Capo, was driving her 2005 Honda Accord eastbound in the number one lane of traffic on Pacific Coast Highway. Capo slowed her vehicle to a stop due to a traffic signal ahead. Defendant, Rex Williams, was traveling at an unsafe speed for conditions and collided with the rear of Capo's vehicle. The force of this impact pushed Capo's vehicle and caused it to collide with the rear of yet another vehicle. The force of the impact whipped Capo around inside the vehicle.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she is a candidate for surgical intervention in the form of an anterior discectomy at the C6-7 level. This is due to the chronicity of symptomatology, which correlates with the protrusion abutting the spinal cord. She did not have these symptoms prior to this accident and her body did not respond to conservative treatment.

DEFENDANT'S CONTENTIONS:
The defendant contended that although plaintiff is credible, she is most likely not a candidate for surgery.

Settlement Discussions

On Aug. 17, 2004, the defendants insurance company extended an offer to Capo in the amount of $17,000. The plaintiff counter-offered to settle the claim for the amount of $100,000.

Specials in Evidence

$25,176

Damages

Capo's vehicle sustained damages in the amount of $25,716.

Injuries

Capo suffered injuries to neck, shoulders, back, knee, and ankle with attendant headaches.

Result

The case settled the day after mediation with Jeffrey Krivis, Esq., for $103,000.

Other Information

EXPERT TESTIMONY: The neurologist opined cervicodorsal myoligamentous chronic sprain with 3 mm disc protrusion at C5-C6, tear of the right paracentral aspect of the posterior annulus, 2 mm disc protrusion at C3-C7, cognitive change and left ankle trauma. The orthopedist opined cervical radiculitis syndrome, lumbosacral sciatica syndrome and surgical intervention in the form of an anterior discectomy at the C6-7 level. FILING DATE: Sept. 18, 2007.