Confidential
Settlement – $140,000Court
El Dorado Superior
Attorneys
Plaintiff
Mark J. Leonardo
(Dordick Law Corporation)
Defendant
Robert B. Javan
(Laughlin, Falbo, Levy & Moresi)
Experts
Plaintiff
Michael Fry
(medical)
Facts
On May 20, 2002, the plaintiff's Chevy Tahoe was rear-ended by the defendant's Suburban in South Lake Tahoe. The plaintiff contended that the defendant was negligent in the operation of his vehicle and she suffered exacerbation of a pre-existing neck injury that was dormant for nine years prior to the accident. The defendant argued that the plaintiff was not injured to the extent claimed due to the low impact collision and minor damage to the plaintiff's vehicle ($872).
Settlement Discussions
The plaintiff initially made a claim of $500,000, reduced to a C.C.P. Section 998 demand of $155,000. The defendant made a C.C.P. Section 998 offer of $125,000. The case was settled before Judge Pro Tem Steven Keller.
Specials in Evidence
$6,000 $6,900
Injuries
The plaintiff, age 51, suffered injuries to her neck and shoulder, where she experienced pain on both sides; arm and neck numbness on both extremities, and emotional distress. She exacerbated a prior injury suffered in 1993 to her neck where the plaintiff was diagnosed with a disc herniation with a protrusion at C5-6 and C6-7 with pressure on the spinal cord. Surgery was recommended by two surgeons to perform an anterior cervical discectomy and a fusion at C5-6 and C6-7.
Other Information
The plaintiff is retiring later this year and wanted to purchase health insurance at a lower rate than what her premiums would be under COBRA. She was denied coverage from several health insurance providers because of the recent treatment to her neck. Had the accident not occurred, the 10-year period of no treatment to her neck (from her prior injury in 1993) would have allowed her to obtain coverage at a lower rate. The plaintiff calculated that the increase in health premiums to pay COBRA for 18 months followed by continued coverage until age 65 will cost her $76,150 in additional insurance premiums as a result of the accident. This was a significant factor for the defendant to settle the case.
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