Confidential
Settlement – $215,000Judge
Court
L.A. Superior
Attorneys
Plaintiff
Eric V. Traut
(Traut Firm)
Defendant
Scott L. MacDonald
(Macdonald & Cody LLP)
Facts
On Oct. 24, 2001, plaintiff Rose Bailey, age 71, was the passenger in a 1984 Cadillac El Dorado that her husband John Bailey was driving northbound on Winnetka Avenue in Chatsworth. On approaching railroad tracks, John Bailey saw red lights blinking signaling an oncoming train, so he stopped the car just south of the tracks. Shortly after, a 2000 Toyota Camry driven by defendant Beverly Deloras Banks crashed into the rear right side of the Bailey's Cadillac. The defendant was allegedly traveling at 40 mph. As a result, the Cadillac was pushed forward about 15 feet into the crossing gates for the train tracks. The plaintiff was rendered unconscious and taken to a hospital by ambulance. The plaintiff sued defendant and George Banks, the owner of the Toyota, alleging vehicular negligence and negligent entrustment respectively. Defendant Beverly Banks admitted liability but disputed the nature and extent of plaintiff's injuries.
Settlement Discussions
The plaintiff demanded $300,000; defendants' offer was $40,000.
Specials in Evidence
$58,872 $73,950
Injuries
When the plaintiff regained consciousness at the hospital, she claimed to suffer pain all over her body and specifically to her neck, shoulder, back, legs, thighs, arms and head. She had no memory of what occurred at either the accident scene or the hospital, with the exception of having x-rays taken of her body. She was discharged with the recommendation that she seek follow-up care. Two days later, she visited her family physician who prescribed Percocet for pain as well as physical therapy. She claimed that her pain persisted despite the Percocet and therapy. Her physician then ordered an MRI and based on the results, lumbar epidural injections were prescribed. When plaintiff had only minimal relief from her symptoms, she was referred to an orthopedic surgeon. The surgeon claimed that, as a direct result of the accident, plaintiff sustained significant injuries to her lumbar spine, specifically a central bulge at L3-4. This caused indentation of the sac and deformed the sac against the hypertrophic posterior facets. The plaintiff claimed that at the time, the surgeon believed that she would require surgery. The plaintiff claimed he recommended decompression and fusion surgery to stabilize her spine. The defendants contended that plaintiff's injuries were limited to soft-tissue and that she exaggerated her injuries. They argued that plaintiff's injuries had nothing to do with the accident, but rather were pre-existing problems.
Result
The case settled at mediation before Janice Fields for $215,000.
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