Facts

On May 21, 2019, plaintiff Kenny Collins was driving her 2013 Toyota Camry stopped at the stop sign at the end of the Avenue 52 onramp for the 110 freeway. Defendant Sarah Jaschuk, a European tourist in a 2019 Equinox rental from Avis, rear-ended plaintiff's vehicle at a low speed resulting in a small dent in the plastic bumper of plaintiff's vehicle. Jaschuk could never be located so Avis was served pursuant to Civil Code Section 1939.33. Defense also could not locate her.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed the impact was up to 15 mph with Delta-V of 10 which, per accident reconstructionist and biomechanical expert, could cause the injuries claimed.

DEFENDANT'S CONTENTIONS: Defendant claimed that the impact speed was 8 mph with Delta-V of 5.7, per accident reconstructionist who downloaded the Camry EDR. The biomechanical expert opined that the forces involved could not cause injury and were less than everyday activities and not as strenuous as plaintiff's work as house cleaner. All treatment was generated by prior counsel which was not indicated on liens which were excessive. Passenger only had minimal chiropractic care. (settled for $18,000)

Insurer

AVIS $1 million indemnity per rental agreement.

Settlement Discussions

Prior counsel for plaintiff served CCP 998 for $400,000 Defense served CCP 998 before trial for $175,000.

Specials in Evidence

Meds: per plaintiff's billing expert, $460,000; per defense billing expert $220,000 if required by crash which was highly disputed. No care was required per defense spine surgeon and radiologist. Loe: waived Future Meds: $100,000

Injuries

Plaintiff suffered neck and back pain with headaches. Went to chiropractor and then pain management for three lumbar and three cervical epidurals followed by micro-discectomy in lumbar spine and disc replacement and fusion of C5-6. Plaintiff has slight residual back and neck pain but improvement of radicular pain.

Result

The case settled for $600,000 the day before trial.