Facts

This intersection collision occurred on May 15, 2005 on Century Boulevard at Concourse in Los Angeles. The plaintiff was stopped for a red light in her Toyota Highlander when Zhonxian Lu crashed into the rear of her vehicle and pushed it forward into the vehicle in front of her. The plaintiff was 56 years old and works in the sports equipment industry.

The plaintiff resolved her claim against Lu for his $15,000 policy limit. The plaintiff tendered her uninsured motorist claim to State Farm on Feb. 24, 2006.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that as a result of the crash, she sustained injuries to her head, temporomandibular joints, teeth, including extensive crown and bridge reconstruction of her teeth, cervical sprain/strain, and lower back pain. The plaintiff claimed past medical expenses of greater than $34,000.

DEFENDANT'S CONTENTIONS:
The defendant contended that the failure of the plaintiff's dental crowns and bridge were not due to the accident, but were due to an improper intra-oral orthotic that was made to treat the plaintiff's TMJ dysfunction.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for the underinsured motorist policy limits of $85,000. The defendant offered $10,000 new money. The defendant increased its offer to $60,000.

Result

The defendant paid the underinsured motorist policy limits of $85,000 and waived its right to reimbursement of the medical payment benefits. The total settlement was $105,000.

Other Information

FILING DATE: April 16, 2006.