Confidential

Facts

This accident occurred on April 11, 2003 on Polaris Drive near Morning Star Lane in Newport Beach at approximately 5:45 p.m. At that time and place, plaintiffs John and Rosemary Barrett were northbound on Polaris Drive when defendant Ian Ahlstrom came "racing" around the curve, passed another vehicle on the curve, and struck the plaintiffs' vehicle "almost head on" at approximately 50 miles per hour. Although plaintiff John Barrett swerved to the right in an attempt to avoid the collision, the driver's side of his vehicle was broad-sided by the defendant's speeding vehicle.

Due to the significant force of the impact, the plaintiffs were thrown about the interior of their vehicle causing them to sustain significant injuries and damages.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant was grossly negligent and his reckless misconduct renders him solely responsible for causing the subject accident and the injuries and damages that the plaintiffs sustained as a result thereof. The defendant was given citations for violating California Vehicle Code, Section 21752(a), unsafe passing on a curve and Section 22350, traveling at an unsafe speed for conditions. Moreover, the defendant told the police officer at the scene that he and another teammate, who was driving a black SUV, were racing to see who could get to the dinner first.

DEFENDANT'S CONTENTIONS:
The defendant did not dispute liability but disputed the nature and extent of the plaintiffs' injuries and damages.

Settlement Discussions

Rosemary Barrett made her C.C.P. Section 998 demand in the amount of $50,000. John Barrett made his C.C.P. Section 998 demand in the amount of $50,000. The defendants offered $35,000 to settle John Barrett's claim and $30,000 to settle Rosemary Barrett's claim.

Specials in Evidence

$10,612 (John Barrett); $11,467 (Rosemary Barrett) $1,982 (John Barrett)

Injuries

John Barrett was diagnosed with post-concussive syndrome; cervical spine sprain/strain with radiculopathy; right elbow trauma; right medial collateral ligament sprain; right cubital tunnel syndrome and contusion, right elbow. Moreover, he lost the capacity for repetitive motion of his right upper extremity. Upon neurological evaluation and physical examination by Jeffrey Gross, M.D., Dr. Gross determined that John Barrett had sustained cervical disc herniation with right upper extremity radiculopathy; right ulnar neuropathy; and cervical strain. Rosemary Barrett was initially diagnosed with post-concussive syndrome; cervical spine sprain/strain; left shoulder impingement left ulnar neuropathy; cubital tunnel syndrome and contusion, left knee. She was ultimately diagnosed with a C4-5 disc herniation effacing the thecal sac and spinal cord.

Result

The case settled for $100,000. The plaintiffs brought their Motion to Amend the Complaint to seek punitive damages before the Hon. Gregory Munoz. After being advised of the judge's impending decision to grant the Motion to Amend the Complaint, the defendants tendered their policy limit of $100,000 with each plaintiff receiving $50,000.