Facts

On Nov. 9, 2003, plaintiff Sarah West, 17, was a passenger in a car driven by her friend Kenneth Gentry. The plaintiff's car was traveling southbound on The Old Road in Castaic. Defendant Donna Marie Hansen, 16, was driving a car, with permission, registered to her father Allan Hansen. The defendant's car was traveling northbound. A head-on collision occurred when Gentry crossed over the double yellow line. Both cars sustained major property damage and were declared a total loss. Liability was at issue.

PLAINTIFF'S CONTENTIONS:
The plaintiff's driver, Kenneth Gentry, admitted to crossing over the double yellow line, but contended that he returned to his side of the road before the accident occurred. Gentry and the plaintiff contended that the defendant was speeding and that was the cause of the accident.

DEFENDANT'S CONTENTIONS:
The defendant contended that Gentry was distracted by the actions of the plaintiff, crossed the double yellow line, and caused the accident. The defendant admitted to exceed the speed limit by 5 mph.

Settlement Discussions

The plaintiff served a C.C.P. Section 998 demand in the amount of $49,999. The defendant offered to waive costs.

Specials in Evidence

None None

Damages

According to the plaintiff, the judge instructed that the medical providers accepted $28,014 in full payment and that is all the jury could award.

Injuries

The plaintiff suffered blunt head trauma, multiple facial lacerations, fracture of spine at T1, fracture of the cheek bone, left forearm fracture, fracture of the left wrist, two broken ribs causing puncture of the lung, fracture of left orbital rim and eye socket and memory loss.

Result

Defense verdict for both defendants on the issue of liability. Plaintiff West settled with Gentry, the driver of the vehicle in which she was a passenger, for $100,000, which the defendants were going to get credit for as an offset if they were found liable.

Other Information

Court ordered mediation was held on Sept. 11, 2006. The defendants will be filing a memorandum of costs.

Deliberation

one hour

Poll

12-0

Length

four days