Facts

Teresa Gamage filed a lawsuit against Estelle Roitblat in relation to a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on May 10, 2011, she was in a vehicle that was stopped at a red light at an intersection, when defendant's vehicle crashed into the rear of the car she was in. Plaintiff argued defendant drove negligently.

DEFENDANT'S CONTENTIONS:
Defendant argued that her car was not moving at a high speed and there was insignificant damage to the other vehicle involved. In addition, she argued plaintiffs' neck injuries were implausible, as well as her damages in relation to medical care.

Injuries

Plaintiff claimed she suffered nerve impingement, and a ruptured disc at C5-C6, and required epidural injections, cervical fusion, and physical therapy.

Result

The parties settled under a $5,250,000/$650,00 high-low agreement according to CCP 998, whereby the winning party would get costs in exchange for a waiver of remedies. Later, the jury awarded plaintiff $3,102,464 and as a result of the prior agreement, will receive the total amount, plus costs under CCP 998.

Other Information

INSURER: Allstate Insurance Co.

Deliberation

four hours

Poll

10-2

Length

five days