Facts

On Aug. 6, 2005, Johnnie Kelly, plaintiff, was driving a pickup truck when he was sideswiped by defendant Robert Stoops' sedan. Stoops had just returned from a wedding, where he had several alcoholic drinks. Stoops drove at approximately 60 to 70 miles per hour at a curve, crossed the double yellow lines, and hit plaintiff's car. Plaintiff suffered injuries.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendant was at fault for the accident because of his negligence.

DEFENDANT'S CONTENTIONS:
The defendant admitted to being drunk at the time of the accident and did not deny liability. However, defendant argued that plaintiff's cervical injuries were degenerative and preexisting.

Settlement Discussions

At the mediation, before the surgery, plaintiff had asked for $3 million, and defendant offered $25,000.

Injuries

The plaintiff suffered injuries to his back and neck. The plaintiff received back surgery for his injuries.

Result

The parties settled the case for $850,000 before trial.