Facts

On July 7, 2020, plaintiff Tawna Nelson was riding her bicycle in La Habra Heights when a utility truck approached the intersection she was riding by and failed to stop, striking her and leaving her seriously injured. Police found defendant driver at fault for the incident for "failure to yield the right of way" in violation of 21800 (b)(1).

The accident left Nelson with severe personal injuries, leading to multiple rounds of hospitalization. She required 13 surgeries, surgical replacements of a catheter and pain pump, a smashed patella, and cracked ribs. The accident was especially detrimental for Nelson, as she suffers from a rare condition called erythromelalgia (EM), a vascular peripheral pain disorder in which blood vessels in the extremities are periodically blocked and inflamed, causing pain. The accident caused substantial aggravation of her EM pain issue leading to procedures that will continue indefinitely.

PLAINTIFF'S CONTENTIONS: The plaintiff's rare pre-existing condition erythromelalgia caused her to experience chronic pain and discomfort. She discovered that cycling for many miles a day was an exercise that helped alleviate her symptoms. Tragically, after being struck by a utility truck, the plaintiff continues to suffer left leg numbness and severe neuropathic pain in the lower back by the tailbone, sacral/buttock region, and right side, including the perineal/rectal area, which limits her ability to bike.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's injuries, other than the patellar and rib fractures, were mostly soft tissue in nature and that her pre-existing condition that she has been treating for since she was a child, erythromelalgia, and the 13 resulting surgeries related to the catheter and pump were unrelated to the incident.

Insurer

State Farm Insurance Company.

Settlement Discussions

The matter was resolved after two mediations with the Honorable Steven Kuhn of Judicate West and as the matter approached trial. Plaintiffs contended that the matter exceeded the State Farm policy limits of $2 million while defendants disputed the nature and extent of Plaintiff's injuries.

Specials in Evidence

Meds: $117,941 (past Howell amount) Future Meds: Neuromodulation using spinal cord stimpulator Trial: $10,000; implantation: $65,000 - $75,000; implantation by neurosurgery: $90,000; cost of long-life maintenance of the implantation: $350,000; lumbar sympathetic nerve blocks every three months: $8,000

Injuries

Plaintiff suffered multiple blunt force trauma resulting in multiple catheter, pump surgeries for displacement of catheter and aggravation of EM; right rib fractures 5-6; abrasions to left shoulder and elbow; left forearm laceration-4 cm; right leg lacerations: shin (12 cm full thickness), back of the calf (9 cm); left leg abrasions to knee and anterior shin; dental injuries.

Result

The case settled for $2 million policy limits.