Facts

On Aug. 17, 2018, plaintiff, Donald Daniels, an 84-year-old retiree, was in the left turn pocket at a complete stop facing northbound on Seal Beach Blvd. waiting to make a left hand turn into the entrance at Leisure World in Seal Beach. The left turn arrow eventually illuminated and he began to initiate his left hand turn onto St. Andrews Drive. Defendant Andrew Badalian, was traveling southbound on Seal Beach Blvd. and ran the red light causing the two vehicles to collide head on in the intersection. Defendant was traveling at an excessive rate of speed and never attempted to stop for the red light. Multiple witnesses saw defendant run the red light.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant violated his right of way by failing to stop for the red light causing the collision to occur.

DEFENDANT'S CONTENTIONS: Defendant admitted liability but disputed the nature and extent of all of plaintiff's injuries as well as the value of the case.

Insurer

Nationwide paid $250,000 and AAIC paid $4,625,000.00 (Umbrella)

Settlement Discussions

Plaintiff demanded the $250,000 underlying policy and the $5 million umbrella policy per CCP 998.

Specials in Evidence

Meds: $170,000 paid by insurance. They were waived for trial. Future Meds: The LCP was between $469,000 and $1.25 million depending on how long he lived.

Injuries

Plaintiff suffered fractured T7, L2-5 vertebrae. Plaintiff sustained a spinal cord injury resulting in him no longer being able to walk unassisted. Plaintiff fractured multiple ribs, fractured his right iliac, fractured his left ulna, sustained a pneumothorax and pulmonary embolism as well as a stroke and mild TBI. Plaintiff underwent a T4-10 posterior spinal instrumented fusion with Harrington Rods, a T6 laminectomy and decompression of epidural intraspinal lesion causing cord compression and a T8 laminectomy. He has been hospitalized or in a rehabilitation facility for 173 days since the collision. He requires 24/7 care for the remainder of his life.

Result

The case settled at the Mandatory Settlement Conference for $4,875,000.