Facts

Plaintiff Ha Pham was walking home from the University of California's Berkeley campus when she was struck by a vehicle operated by Julie Worner while crossing a crosswalk. Pham was launched 10 feet and landed face first onto the pavement. Pham sued Worner for negligence and settled for $25,000, Worner's policy limit. Pham then sought further recovery from her own insurance policy via the supplementary-underinsured-motorist provision.

PLAINTIFF'S CONTENTIONS:
Plaintiff stated that she could not remember the accident as she was knocked unconscious. A police officer concluded that Worner had violated California Vehicle Code Section 21950(a) by not yielding to a pedestrian at the crosswalk.

DEFENDANT'S CONTENTIONS:
Worner claimed she had not seen Pham before hitting her.

Damages

Plaintiff sought $195,361 for medical costs and $544,539 for pain and suffering.

Injuries

Pham sustained multiple traumatic injuries to her face, specifically her mouth and teeth. She had multiple broken and fractured teeth. She also sustained wounds to her forehead, lacerations on her lips, and abrasions to her chin, nose, and forehead. She underwent extensive dental surgery to reconstruct her mouth, teeth, and jaw. This required bone grafts, implant placement and orthodontic therapy. Plaintiff claimed these injuries also caused other residual residual injuries, such as headaches and neck, shoulder, and lower back pain. Pham claimed that she would require two to three more bone grafts.

Result

The parties settled for $540,000 and a waiver of the $25,000 first party recovery and $20,000 of paid medical payments.