Facts

Amanda Jemison and Malissa Jemison sued Ian Kessner, in connection with a motor vehicle collision that allegedly occurred on Sept. 4, 2013.

Amanda settled before trial. Only Malissa went to trial.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that defendant made a left turn to go north from the eastbound curb lane of Pico Blvd., causing Malissa's westbound vehicle to collide with it in the intersection. Malissa sustained injuries, and her sister, Amanda, who was then pregnant and sitting in the passenger seat, was also injured. The sisters sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff Malissa's claimed injuries.

Settlement Discussions

Amanda made a CCP 998 demand of $100,000, which Kessner allowed to lapse. Kessner then made a CCP 998 offer of $100,000 in settlement. According to plaintiff, Malissa made a 998 offer for the $100,000 policy limit a year before trial. Defendant then offered the $100,000 policy limit just before trial. According to defense, plaintiff would not agree to settle the case for the limits claiming that the cap was off the policy.

Damages

Malissa continued to experience ongoing pain in her hand and claimed she would need long-term treatment and medications. She sought past and future economic and noneconomic damages.

Injuries

Malissa fractured and contused her right hand. Though her fracture eventually healed, Malissa developed chronic pain in that hand resulting from the direct trauma.

Result

The jury ultimately found Kessner liable to Malissa for $227,500, consisting of $30,000 in future medical expenses, $175,000 in past pain and suffering, and $22,500 in future pain and suffering.

Other Information

The case settled after judgment for $385,000. FILING DATE: May 5, 2014.