Facts

On Jan. 28, 2013, at 3:40 p.m., plaintiff Ernestine Tenove was driving her Jeep Grand Cherokee westbound in the number three lane of Alton Drive in Irvine. At the same time, Firoozeh Jahroumi was driving her Mercedes 350 SUV southbound in the number one lane of Irvine Center Drive. As Tenove approached the intersection at Irvine Center Drive, the light for her (westbound traffic on Alton Drive) was green and she proceeded into the intersection. At the same time, the light for Jahroumi (southbound traffic on Irvine Center Drive) was red. As Tenove entered the intersection, Jahroumi approached the intersection, and felt that the sun was so bright that she needed her sunglasses. She reached down to get them, and when she looked up from getting her glasses, the light for her direction of travel was red.

Jahroumi ran the red light, entered the intersection at the same time as Tenove, and struck the driver's side of Tenove's vehicle. That same day, Jahroumi had gone to get Botox injections in her forehead and between her eyebrows. She decided to drive home from the Botox facility, but chose not to wear her sunglasses because her face was too sensitive from the injections, deciding that if the sun bothered her she could just reach for them.

PLAINTIFF'S CONTENTIONS:
Despite the fact that defendant saw the red light before she entered the intersection, Jahroumi failed to brake at all and proceeded forward.

Plaintiffs denied that Ernestine was taking any medication, which would cause a rebound headache, and contended that medical records were clear that Ernestine's thyroid and menopause symptoms were well controlled prior to the incident.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability but contested the extent of Ernestine's injuries and whether the ongoing symptoms were related to her head and neck injuries. Defendant contended that Tenove's symptoms were due to pre-existing medical conditions.

Damages

Glen Tenove asserted a loss of consortium claim due to the impact of his wife's injuries on the marital relationship. Ernestine was assisting her husband in his mortgage financing business, but waived any loss of earnings claim.

Injuries

Ernestine Tenove suffered a moderate complicated mild traumatic brain injury that she claimed has caused her serious and permanent cognitive problems. She had a Glasgow coma scale of 14 after the incident, and a CT scan that revealed a left frontal subarachnoid hemorrhage. An MRI taken three months after the collision revealed subacute blood in the left frontal lobe of her brain as well as diffuse axonal shearing in the left occipital lobe and the frontal lobe. She was diagnosed with neurocognitive disorder. She also claimed dizziness, nausea, severe migraine headaches, photosensitivity, vertigo and balance issues, short-term memory problems, vision problems, word-finding difficulties, decreased verbal fluency, sleep disturbances, problems with depth perception, and is easily fatigued. Defendant did not deny that Ernestine suffered a complicated traumatic brain injury, but instead contended that her cognitive deficits were the result of pre-existing conditions and over-medication. Defendant's neurologist contended that plaintiff's migraines were "medication induced rebound headaches" and attributed her cognitive problems to pre-existing thyroid and menopause issues.

Result

The case settled for $3,750,000 at mediation one month prior to trial.

Other Information

MEDIATOR: Troy Roe. FILING DATE: Jan. 16, 2015.