Confidential
Settlement – $141,000Facts
In December 2002, the plaintiff was the driver of a sports utility vehicle and was at a complete stop on La Paz Road at a red light at the intersection of Avila Road in the City of Laguna Niguel. The defendant was the driver of a 1995 Mazda. The defendant was traveling at a high speed and failed to stop on time and rear-ended the plaintiff's vehicle. The collision caused injuries and damages to the plaintiff. The defendant's vehicle was declared a total loss with repairs estimated at $3,987. The plaintiff's vehicle sustained property damage of $780. As a result of the accident, the plaintiff sustained severe neck and back injuries.
Settlement Discussions
The defendant's initial C.C.P. Section 998 demand was $13,000. After arbitration and prior to trial, this was increased to $24,500. The plaintiff demanded the policy limits of $250,000 prior to trial. The defendant offered $141,000 on the first day of trial. A prior arbitration resulted in an award to the plaintiff of $18,000. The plaintiff filed for a trial de novo and that resulted in the subject suit and settlement.
Injuries
An MRI examination revealed that the plaintiff had sustained a herniated disc at L5-S1 and was diagnosed with a lumbar spine sprain complicated with 3 mm disc protrusion encroaching on the anterior thecal sac at L5-S1. As such, the doctor recommended future medical treatment and surgery or three epidurals. The plaintiff contended that her severe back pain disrupted her normal everyday life. Until the time of arbitration and six weeks prior to trial, the plaintiff did not have back surgery as she continued to cope with her back pain. The plaintiff then had lumbar epidural injections which did not relieve her pain and thereafter had back/lumbar surgery approximately six weeks prior to the trial date. The plaintiff also contended that injuries from the accident prevented her from her occupation as a real estate agent. Due to the plaintiff's injuries, she was forced to cancel some listings and was not able to close on a number of real estate transactions. The crux of the plaintiff's injuries were a herniated lumbar disc at L5-S1 requiring lumbar/back surgery.
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