Facts

Defendant Megan N. Smith, age 22 at the time, was operating her 2003 Volkswagen Jetta in the number 3 lane of the 405 freeway heading northbound at approximately 70-75 mph, when she noticed traffic was slowing and stopping. Smith claimed she applied her brakes, but in fear of rear-ending the car ahead of her, began to swerve to her right toward the number 4 lane. She then saw a car occupying the number 4 lane to her right and swerved left, making a left lane change. Defendant's vehicle struck plaintiff Shawna Kunkel's 2013 Honda Civic on the right front side as she was traveling in the number 2 lane at approximately 65 mph. Because of the forceful impact, plaintiff's vehicle was pushed to the left into the carpool lane and was then struck on the left side driver's door by another vehicle driven by Anush A. Ginosyan, who was operating, a 2005 Toyota Tacoma at approximately 70 mph.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Smith made an unsafe lane change and was traveling too fast for the traffic conditions in violation of Vehicle Code Sections 21658 and 22350.

DEFENDANT'S CONTENTIONS: Defendant Smith admitted liability but contended that the initial impact was akin to a sideswipe and the second impact was of similar force to a bumper car, neither with a sufficient impact to cause the injuries claimed by plaintiff.

Insurer

State Farm

Specials in Evidence

Meds: Plaintiff incurred $228,519 in medical expenses. Her billing expert determined the reasonable value of those expenses to be $157,405.

Injuries

Plaintiff was initially diagnosed with cervical and lumbar sprain/sprains, but was later diagnosed with a 6 millimeter herniation at L4-5. She eventually had lumbar surgery. She also suffered debilitating migraines. Plaintiff underwent extensive medical treatment that included emergency room treatment, chiropractic treatment, multiple x-rays and MRIs, examinations by an orthopedic surgeon, several neurosurgeons, a neurologist, an ophthalmologist, and a pain management physiatrist, among others. She had cervical and lumbar epidural injections and ultimately had a lumbar laminotomy, decompression surgery. Plaintiff's expert opined that plaintiff needed continued chiropractic treatment, physical therapy, pain management, and interventional pain injections, such as epidurals or lumbar facet blocks. He also indicated that for her chronic neuropathic pain, she is a candidate for spinal cord stimulator placement and evaluation. He estimated future costs ranging from $631,000 to $783,600.

Result

The case settled for $530,000.