Facts

Defendant James Kolling borrowed his grandfather defendant James McCabe's car and was driving with plaintiff Kiera Quinlan in the front passenger seat, traveling northbound on El Camino Real in Burlingame. As Kolling made a left turn onto Hillside Drive, the vehicle collided with a sport utility vehicle driven by defendant Ashley Litzius. The impact to the right front corner totaled Kolling's car. Quinlan, who was wearing a lap belt, was ejected from the car and taken by ambulance to San Francisco General Hospital. Quinlan filed suit against Kolling, McCabe, Ashley Litzius and the owner of the SUV, Brian Litzius, alleging motor vehicle negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Quinlan contended both drivers were negligent and that Kolling negligently entered into Ashley Litzius' path, who was looking away prior to impact, preventing her from avoiding the collision.

DEFENDANTS' CONTENTIONS:
Ashley Litzius admitted to taking her eyes off the road to look down at her radio briefly. The Litzuises argued that Kolling's left turn left insufficient time to avoid the accident and that Kolling was solely at fault. Kolling contended that Ashley failed to exercise due care and was inattentive. The defense disputed Quinlan's claimed physical limitations, contending she received limited treatment after initial hospitalization and recovered well. The defense also alleged there was no wage loss and limited diminution in earning capacity.

Damages

Quinlan sought medical expenses of $30,347 and claimed diminution in earning capacity due to her physical limitations.

Injuries

Quinlan remained hospitalized for four days following the accident and sustained an abrasion on her left elbow, as well as a comminuted compression burst fracture of the anterior aspect of L5 and loss of 20 percent of its anterior vertebral height. She also suffered moderate to severe disc desiccation at L4-5 and L5-S1 with anterolisthesis of L4 on L5 with a mild annular disc bulge. Quinlan wore a TLSO back brace for several months and underwent physical therapy. She cannot walk or stand for more than two hours and cannot remain seated for more than 45 minutes to 1.5 hours.

Result

The parties reached a settlement for $450,000. Kolling contributing $300,000, McCabe $50,000, and the Litzuises contributing $100,000.