Sandra Guida, Louis Guida v. Wausau Insurance
Published: May 10, 2001 | Result Date: Mar. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002175 Arbitration – $1,284,060
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward L. Bennett M.A.
(technical)
Stephen W. Pearson
(medical)
Darryl R. Zengler M.A.
(technical)
Defendant
Steven Molina Ph.D.
(technical)
Richard D. Scheinberg
(medical)
David Hahn
(technical)
Facts
In June 1996, plaintiff Sandra Guida, a manager for a vending machine company, was involved in a moderate
impact rear-end collision. As a result, she sustained soft tissue neck, back and ankle injuries. The at-fault
driver was uninsured and subsequently declared bankruptcy. At the time of the collision, the plaintiff was in
the course and scope of her employment and was driving a vehicle owned by her employer. Wausau Insurance
was the workmanÆs compensation carrier and also provided an uninsured motorist policy for the subject
automobile.
The plaintiff initiated a workerÆs compensation action and filed an action in Ventura Superior court against the
uninsured driver. Following the partiesÆ agreement to submit the uninsured motorist claim to binding
arbitration, the Superior court action was dismissed. The plaintiff ultimately received $200,554 in workerÆs
compensation benefits and the uninsured motorist claim was arbitrated before retired justice Herbert Ashby of
Alternative Resolution Centers.
Settlement Discussions
The parties engaged in mediation with retired judge Victor Barrera of Alternative Dispute Resolution. The mediation resulted in the settlement of plaintiff Louis GuidaÆs loss of consortium claim for $45,000. Additionally, plaintiff Sandra GuidaÆs workerÆs compensation claim was settled for $200,544. After two mediation sessions, the plaintiffÆs lowest demand on the uninsured motorist claim was $700,000 of new money. WausauÆs highest offer on the uninsured motorist claim was $165,000 new money. On the day prior to binding arbitration, Wausau offered $300,000 new money, which was rejected by the plaintiff.
Injuries
The plaintiff claimed that she sustained soft tissue neck, back and ankle injuries as a result of the automobile accident. The neck and back injuries improved significantly in approximately three months, but the plaintiffÆs ankle allegedly continued to worsen and arthroscopic surgery was performed. As the plaintiffÆs ankle continued to be symptomatic, follow-up arthroscopic surgery was performed approximately 18 months after the collision. The plaintiff developed a deep bone infection following the second surgery and non-union of the surgical site. A third ankle surgery was performed approximately three years after the collision which resulted in a partial fusion using a bone graft harvested from the plaintiffÆs hip. While the plaintiff was still on crutches recovering from the third surgery, she slipped and fell at a retail store when her crutch tip came into contact with a puddle of water. The subsequent fall aggravated her pre-existing low back injury. The plaintiff alleged that she will suffer from significant life-long ankle pain. She requires significant pain medication on a daily basis. Additionally, the injuries and the altered gait caused by her ankle fusion have resulted in what is expected to be life-long back pain.
Result
The plaintiff was awarded $1,284,055, but a set-off of $200,554 was awarded to reflect the workerÆs compensation benefits which were previously paid to her. The net award was thereby reduced to $1,083,501. After the award was rendered, WausauÆs counsel moved for a "correction" of the award to an amount consistent with the $1 million policy limit for the subject loss. This motion was granted and the award was reduced to $1 million. The plaintiff intends to file a petition to confirm the original award and to strike down the subsequent "correction." Prior to the arbitration, Louis GuidaÆs loss of consortium claim was settled for $45,000. Defendant Wausau has paid the corrected award to plaintiff Sandra Guida subject to its policy limits. The plaintiff contended that the correction was barred by C.C.P. Section 1284. Additionally, the binding arbitration agreement contained no provision limiting the award to the policy limits.
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