Facts

Plaintiff Julie Stark filed suit against defendant Gregory Peterson and his employer Sadler Roofing Inc. in relation to a six-car accident on the 5 Freeway in Tustin.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant made an unsafe lane change, veered unsafely into another party's lane at which time they hit the center divider, bounced off and hit four other vehicles including plaintiff who was in the number 5 lane. Plaintiff claimed she suffered injury to her right shoulder, which was operated on at Kaiser and then later a frozen shoulder. Plaintiff contended that Kaiser treatments did not detect the left shoulder and subsequently discovered a herniated disc that would need surgery and future care.

DEFENDANT'S CONTENTIONS: Defendant claimed he was only partially at fault and that plaintiff's cervical herniation pre-existed the subject accident.

Insurer

Liberty Mutual

Settlement Discussions

Plaintiff's CCP 998 demand was $500,000. Defense served CCP 998 offer for $300,000.

Specials in Evidence

Meds: $54,000, which include $23,000 for her right shoulder and $27,000 for her left shoulder and neck injuries. Future meds: $1.3 million

Damages

According to defense, plaintiffs asked the jury to award $6 million dollars for plaintiff Julia Stark.

Injuries

Plaintiff suffered right shoulder surgery. Contested future need for second shoulder surgery and possible future cervical discectomy and fusion needed and permanent residuals.

Result

The jury found in favor of the plaintiff and awarded her $100,100, and awarded her husband Christopher Stark $15,000 for loss of consortium. Peterson was found 65 percent at fault. A non-party driver that had previously settled with plaintiff was found 35 percent at fault. Plaintiff was awarded $37,743 in costs.

Other Information

According to plaintiff, defendant claimed they submitted 998 for $300,000. However, at ruling on motion to tax costs filed by defendant, the offer, which was contingent upon a determination of good faith settlement, required indemnity by the attorney, and entry of a Release and Settlement Agreement was determined to be not drawn in conformity with the Code of Civil Procedure section 998 and therefore statutorily non-compliant. Plaintiff was awarded $37,743.00 in costs including a contested $3.00 for a box of Dominos. Peterson and Sadler paid to settle claims of other drivers not admitting liability, those parties had settled out prior to trial.

Deliberation

four hours

Poll

9-3

Length

five weeks