Facts

On Dec. 21, 2005, plaintiff Richard Mattson, a 62-year-old self-employed builder, was driving his SUV along State Route 41 in the city of Atascadero. While at the San Gabriel Road intersection, his vehicle was struck on the driver's side by a Ride-On Transportation van driven by defendant Coral McCarter.

Mattson sued McCarter and Ride-On Transportation for vehicular negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the van failed to see the stop sign stop at the intersection or proceeded unsafely in violation of California Vehicle Code section 21802.

Settlement Discussions

Defendants made a C.C.P. section 998 offer of $850,000 on Aug. 14, 2008. Plaintiffs made a C.C.P. section 998 demand of $2 million for Richard Mattson and $200,000 for Elaine Mattson on March 28, 2008. A later C.C.P. 998 demand of $1,250,000 for Richard Mattson and $50,000 for Elaine Mattson was made on April 25, 2008.

Damages

Mattson's spouse sought damages for derivative claim asserting loss of consortium. According to plaintiffs' counsel, a demand of $2.9 million was made in mediation for economic damages. According to defense counsel, a demand of $3.5 million was made for econonic damages. The demand consisted of $226,185.01 (past medical costs), $647,078 (future medical costs), and between $1,571,096 and $1,678,23 (lost earnings).

Injuries

An ambulance transported Mattson to the emergency room, but he was not admitted. He sustained mild to moderate brain damage with cognitive deficits, bilaterial carpal tunnel syndrome, tinnitus, anterior cervical fusion at C5-6 and C6-7, disc bulge at L2-3, anterior cervical discectomy for ruptured intervertebral disc at C5-6 and C6-7 and annular tear at L5-S1. Mattson continues to suffer from tinnitus, back as well as leg pain, plus post-concussion syndrome. He has not resumed employment.

Result

Parties settled for $1,250,000 during pre-trial motions, which included a $50,000 settlement for the loss of consortium claim.