Facts

On March 29, 2004, plaintiff Aija Kim was driving her minivan northbound on U.S. 101 in Santa Maria while Thomas Chantland was driving his vehicle southbound, in the wrong direction, in the northbound lane. The two vehicles collided in a head-on collision, injuring Kim. Chantland died of other causes before the case was resolved.

Claiming physical injuries, Kim sued Chantland's estate for motor vehicle negligence.

Chantland's estate conceded liability.

Settlement Discussions

The plaintiff demanded $250,000 with an indication of a willingness to go lower. The defendant offered $60,000 with a willingness to go higher to $100,000.

Specials in Evidence

Kim claimed $37,000 in medical specials. Kim demanded $1,000 in past wage losses for nine days of work she was forced to miss. Claiming her injury prevented her from transferring to a higher paying job at her company, Kim sought $75,000 in future earnings losses. Kim claimed future medical expenses of $6,000 per year for the rest of her life to receive injections of painkillers.

Injuries

Kim was taken in an ambulance to the emergency room, where she was treated for jaw, neck, shoulder and wrist pain and released the same day. She was diagnosed with concussive injury to her neck and shoulder, soft tissue injuries, blood vessel compression, and thoracic outlet syndrome. Kim was treated with injection of painkillers and physical therapy, but claimed she still suffered from residual cognitive problems and pain in her arm and shoulder. Both parties agreed that Kim had pre-existing carpal tunnel syndrome, neck pain and chronic headaches. Defendant claimed Kim's injuries were exaggerated and that she suffered only minor soft tissue injuries as a result of the accident.

Result

The parties agreed to binding arbitration. Arbitrator Nancy Warren then found for Kim, ruling that she had cognitive problems, physical pain, and thoracic outlet syndrome as a result of the accident. Warren awarded Kim $187,264. The award consisted of $37,914 for past medical costs, $48,500 for future medical costs, $850 for past earnings loss, and $100,000 for past and future pain and suffering.