Facts

On Jan. 17, 2013, plaintiff Jimmy Chandra, 37, was traveling eastbound in the number three lane of Interstate 80 when his vehicle was hit by a semi-tractor and trailer driven by defendant Daniel Chaney. The collision caused plaintiff's car to roll over and come to rest on its roof. At the time of the accident, defendant was in the course and scope of his employment with defendant Anderson Corporation Inc. and was driving a semi-truck his employer had leased from Ryder Truck Rentals Inc.

PLAINTIFF'S CONTENTIONS:
Immediately prior to the collision, defendant was traveling in the number two eastbound lane, and claimed no vehicles were in the number three lane when he proceeded to change from the number two lane into the number three lane. He also claimed that he put his right turn signal on before changing lanes. As defendant was changing lanes, his tractor-trailer collided with plaintiff's car.

Plaintiff claimed that he was traveling alongside defendant's tractor-trailer when defendant suddenly changed lanes and that defendant failed to observe that plaintiff's car was already established within the number three lane. Plaintiff also contended that if defendant actually did turn on his right turn signal, he did simultaneously as he changed lanes. Plaintiff alleged that defendant caused the accident by negligently making an unsafe lane change.

DEFENDANT'S CONTENTIONS:
Defendants disputed the nature and extent of plaintiff's injuries and damages.

Settlement Discussions

Plaintiffs made a settlement demands on Jan. 30, 2015, in the amount of $850,000 for Jimmy Chandra and $125,000 for Katrika Chandra. The only settlement offer extended by defendants prior to mediation was $400,000 to settle the claims of both plaintiffs. On Oct. 8, 2015, plaintiffs demanded CCP 998 of $849,999 for Jimmy Chandra and $99,999 for Katrika Chandra. At mediation, defendants offered $475,000 to which plaintiffs made a counter demand for $925,000.

Damages

Plaintiff's medical expenses were $97,000 and he claimed his future medical expenses would be approximately $150,000. Plaintiff worked in the maintenance department of a local school district and claimed he was unable to work for 11 months following the accident, incurring $32,000 in lost wages. Plaintiff's wife, Kartika Chandra, 35, claimed loss of consortium.

Injuries

Plaintiff was transported by ambulance to the hospital, where he was diagnosed with mild compression fractures at T2-3 and a concussion. After the conservative, plaintiff came under the care of a private physician, Dr. Ardavan Aslie. In addition to the compression fractures, Dr. Aslie diagnosed a 3-millimeter disc bulge at C6-7 and 2-millimeter disc bulges at L4-5 and L5-S1. It was Dr. Aslie's opinion that the disc bulge at C6-7 was the source of plaintiff's left arm pain and recommended cervical disc replacement at C6-7. He also opined that plaintiff might need a lumbar fusion at L4-5 in the future. No surgeries were performed or scheduled. Defendants' medical expert, Mark Hambly, M.D., disputed plaintiff needed any future surgeries.

Result

The parties agreed to an $800,000 global settlement.

Other Information

Defendants were insured by Old Republic Insurance Co. with $3 million liability coverage, which had a $1 million deductible. MEDIATOR: Hon. Richard L. Gilbert, ret. (private mediation); Attorney Joseph J. Weninger (Mandatory Settlement Conference).