Facts

On Sept. 9, 2018, defendant Luis Antonio Gonzalez struck plaintiff Daniela Garibay in a head-on collision.

Garibay was transported by ambulance to Santa Rosa Memorial Hospital, where it was determined that further care was needed and she was taken by air ambulance to Stanford, where she was in Intensive Care for a week.

Plaintiff Eduardo Acosta owned the vehicle driven by plaintiff Daniela Garibay - a 1996 Honda Accent, which was a total loss.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant negligently operated his vehicle, causing plaintiff to sustain injuries.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Insurer

CSAA

Settlement Discussions

Plaintiff Garibay demanded $550,000, inclusive of defendants' $50,000 automobile coverage. Plaintiff Acosta demanded $18,178 for his property damage, inclusive of his continuing loss of use claim.

Specials in Evidence

Meds: Total Ambulance services $84,654. Prior to any reduction pursuant to Howell, the total charges for plaintiff's medical care was between $500,000 and $1 million. Medi-Cal ultimately furnished an itemized lien of $74,613.

Injuries

Garibay suffered bilateral femoral fractures; tibial fracture - right leg; talus neck fracture - right leg; three rib fractures - right flank; bilateral ophthalmic alkali burns to her eyes; facial lacerations; and facial abrasions.

Result

The case settled for a combined total of $170,000 (personal injury $150,000; property damage $20,000). CSAA paid $50,000 for the personal injury and $20,000 for the property damage. Defendants made a personal contribution of $100,000.