Facts

On Oct. 8, 2008 at 10 a.m., on Interstate 280, in the City of Cupertino, Schindler Elevator Corporation's employee, Ryan N. Racey, who was driving northbound, allegedly failed to timely observe slowing/stopped traffic ahead of him, which caused him to rear-end plaintiff Gina Lynn Wilson-Males' vehicle. Plaintiff's vehicle was propelled forward into a stationary vehicle in front of her, resulting in a further chain reaction collision involving three additional vehicles.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants were negligent and proximately caused the subject collision and there is no comparative negligence.

DEFENDANT'S CONTENTIONS:
Defendant contended that while liability appears to be in favor of the plaintiff, there is a dispute as to the economic damages suffered by the plaintiff.

Specials in Evidence

$202,665

Damages

Plaintiff incurred economic damages for $270,000. She was terminated from her employment as a dental assistant due to the time off she contends she was forced to take as a result of her injuries and surgeries.

Injuries

Plaintiff, 35, sustained a cervical disk herniation at the C6-7 level and an incisional hernia. She underwent an anterior cervical discectomy at C6-7, anterior foraminotomy at C6-7 bilaterally, anterior fusion using human allograft struts and demineralized home matrix gel, C6-7, and anterior fusion, C6-7, using Synthes anterior cervical plates and screws; an abdominal ventral hernia repair; and a second abdominal ventral hernia repair when the initial repair failed.

Result

The case settled for $1,250,000 one week before trial.

Other Information

FILING DATE: Feb. 16, 2010.