Confidential

Facts

This case arises from an auto accident in which the plaintiff, Jane Doe, while stopped at a stop sign at an intersection, was rear-ended by an 18-wheel big rig truck traveling between 40 to 60 mph. The truck was owned by Red Trucking Co. and was used with company permission. The truck's operator, John Driver, admitted that he lost control of the truck as it approached the intersection, and that the truck drifted into the lane behind the plaintiff's vehicle, causing the incident. The police attributed the accident to the negligent driving and unsafe lane change of the truck driver. The high-speed impact crushed the right rear of the plaintiff's vehicle, which sustained over $9,000 in damage and was considered a total loss.

The plaintiff alleged that due to the forces she experienced during the high-speed collision incident, she sustained injuries to the intervertebral discs of her spine, including bulging discs and traumatic changes to the interior disc material. The plaintiff alleged that these injuries cause her severe chronic pain, and that she has not been free from pain since the incident. A treating physician has recommended that she have surgery. However, no surgery has been scheduled. In addition, the plaintiff had an adverse reaction to opioid pain medications, which increased her pain until substitute medications were found. The plaintiff alleged that she would require pain management and other treatment for the rest of her life.

The plaintiff alleged that she lost her high-paid position as a research consultant organizing clinical drug trials, and has not returned to work since the incident. The plaintiff alleged that her injuries and constant pain stopped her from working, and that she will not be able to return to her former work. The plaintiff alleged that her condition precludes her from working full-time, and it is possible that she may be unable to return to any form of employment. The plaintiff offered several alternative wage loss figures. The plaintiff's earnings loss contentions were supported by testimony from experts in vocational rehabilitation and economics, as well as her medical treaters and experts.

The defendants stipulated to the defendants' liability in this case, and that no comparative fault was attributable to the plaintiff.

The defendants contended that the incident caused only minor injuries to the plaintiff and that the plaintiff's physical conditions were caused by pre-existing conditions and/or other accidents and traumas to her back. The defendants contended that the plaintiff's pain did not preclude her from working, and disputed the amount of plaintiff's wage loss claims.

Settlement Discussions

Under the plaintiffs' original counsel, the parties mediated the case, which did not result in a resolution. The plaintiff then made a C.C.P. Section 998 demand for defendants' policy limits ($1 million) which expired after several extensions. After the plaintiff retained the present counsel, the plaintiff demanded $3 million. The defendants then offered policy limits. The plaintiff rejected this offer. The case settled on the eve of trial for $1.7 million.

Damages

$2,750,811 total special damages ($9,882 property damage to vehicle; $43,186 past medical treatment; $444,864 future medical treatment; $350,840 past lost earnings; $1,493,194 future lost earnings; $23,416 past loss of household services; $385,429 future loss of household services)

Other Information

PLEASE PROVIDE THE SETTLEMENT DATE _________. NAME OF DEFENSE ATTORNEY _________.