Facts

On July 21, 2017, Diane Bassett-Smith was driving and Latravis Farmer Jr. was sitting in the passenger's seat when defendant Arcenia Flores rear-ended the vehicle at the intersection of Tippecanoe and Harriman Place in San Bernardino. Three days after the collision, both plaintiffs presented to a chiropractor and received several weeks of treatment.

PLAINTIFFS' CONTENTIONS: Plaintiffs claimed that the forces of the collision caused whiplash type injuries to both of them and aggravation of the asymptomatic arthritic changes in Bassett-Smith's knee. As a result of the collision, plaintiffs contended that Bassett-Smith's pre-existing degenerative arthritis and possible meniscal tear became symptomatic and, despite several attempts at conservative treatment, she required a knee replacement. Further, plaintiffs contended that Bassett-Smith, who was asymptomatic and had never had any left knee treatment before the crash, would not have had any significant symptoms or treatments in her left knee during her life time despite the degeneration in her knee and that the crash was the cause of her symptoms and need for treatment.

DEFENDANT'S CONTENTIONS: Defendant claimed that the crash happened at approximately 7.5-10.4 miles per hour and that there were insufficient forces to cause any trauma to the knee or any trauma to the knee absent contact with the dash, which Bassett-Smith did not have. Defendant also contended that neither plaintiff was injured in the collision and were faking their injuries and that the jury should find for the defense on causation.

Settlement Discussions

Plaintiff sent a policy limits $100,000 CCP 998 in April 2019. Defense sent a $37,781 CCP 998 to Bassett-Smith in June 2019. Plaintiff again asked for tender of the policy limits within the last month prior to trial and that demand was never responded to. Plaintiff Farmer, Jr. sent a $15,000 CCP 998 in January 2020 that was never responded to.

Injuries

Bassett-Smith experienced ongoing knee pain in her left knee and was diagnosed with a meniscal tear and aggravation of pre-existing (but previously asymptomatic and undiagnosed) arthritis in her left knee. After a cortisone injection did not resolve her symptoms, she underwent arthroscopic surgery of the knee and when that failed, she had two more cortisone injections which also failed to relieve her symptoms. As of trial she had been recommended a knee replacement surgery by more than one orthopedic surgeon.

Result

The jury delivered a verdict for $500,000 for Diane Bassett-Smith ($29,430 for past medical specials, $66,150 for future medical specials, $100,000 for past pain and suffering, $304,420 for future pain and suffering) and $7,748 for LaTravis Farmer, Jr. ($5,248 for past medical specials and $2,500 for past pain and suffering).

Poll

9-3 (causation for Bassett-Smith), 10-2 (damages for Bassett-Smith), 10-2 (causation for Farmer Jr.), 10-2 (damages for Farmer, Jr.)