Facts

In August 2016, plaintiff Baherian was driving on a two-lane road in Mill Valley. While in the process of making a left turn into a driveway, plaintiff was struck by a hit-and-run driver who attempted to pass her vehicle on the left. The hit-and-run driver struck plaintiff's vehicle at the front driver-side wheel well, and sped away without stopping. Plaintiff's vehicle was rendered inoperable.

Plaintiff made a claim with her insurer, Liberty Mutual, under her uninsured motorist policy with a limit of $1 million.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the collision involving the hit-and-run driver caused her to suffer injuries.
Plaintiff claimed that following surgery she would be unable to continue in her employment.

DEFENDANT'S CONTENTIONS: Liberty Mutual did not contest coverage nor that the hit-and-run driver was the sole cause of the crash, but contested causation.
Liberty Mutual claimed that because plaintiff continued to work following the crash, she would be able to continue to work following the surgery and would suffer no loss in earning capacity.

Injuries

Plaintiff claimed injury to her neck, head, and lumbar spine as a result of the crash. Plaintiff had previously been rear-ended and undergone lumbar spine surgery three years earlier. Plaintiff claimed that her prior symptoms of radiculopathy and foot drop were completely resolved by the surgery. Plaintiff sought medical treatment within two weeks for neck pain and headache, which resolved over time. As her head and neck injuries resolved, plaintiff's lumbar spine symptoms began to progressively worsen. Plaintiff obtained an MRI four months post-crash, which was positive for disc herniation. Plaintiff was evaluated and surgery recommended in March 2017. Plaintiff attempted to treat conservatively to postpone lumbar spine surgery, but her symptoms progressed to include foot drop. Plaintiff obtained a second opinion in March 2019 and was recommended to receive an anterior lumbar spine fusion. Liberty Mutual asserted that due to plaintiff's prior motor vehicle accident and lumbar spine surgery, the speed and angle of impact, the lack of treatment in the months following the crash, and complaints predating the crash, her need for lumbar spine surgery was not a result of the crash, but rather a failure of her prior surgery and natural degenerative progression.

Result

Liberty Mutual paid $1,134,961 to settle the claim.