Facts

Plaintiff Lesley Kearney, age 54, was traveling at approximately 60 mph on U.S. 101 highway with her 26-year-old son when her vehicle collided with a vehicle driven by defendant Charles Marion Baker, late 70's. Plaintiff sued Baker for motor vehicle negligence. Plaintiff's husband claimed loss of consortium.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant negligently failed to properly yield to oncoming U.S. 101 highway traffic as he attempted to turn from a side road across the southbound lanes of U.S. 101, to which plaintiff was traveling.

Damages

Plaintiff contended $225,000 in medical expenses. Plaintiff had W-2 supporting evidence for $26,000 in annual earnings as a waitress and restaurant hostess. Plaintiff contended a future lost income for 11 additional years, to retirement. Defendant contended plaintiff was only entitled to only $85,000 in medical expenses, and disputed past and future lost income as well.

Injuries

Plaintiff Lesley Kearney suffered two collapsed lungs, a ruptured spleen, a lacerated liver, a broken clavicle, fourteen broken ribs, a broken sternum, and other internal injuries. She was initially hospitalized two weeks, and subsequently underwent three surgeries: a cervical fusion, a shoulder surgery, and tendon release surgery on her left arm. Plaintiff's husband suffered a loss of consortium.

Result

The case was settled following a mediation, for $1,790,000, including the settlement for plaintiff's son.

Other Information

Plaintiff's 26-year-old son suffered injuries requiring a two-day hospitalization, and no further treatment. The parties settled a separate claim for his injuries for $90,000. Case settled prior to expert designation, but plaintiff had utilized the services of numerous experts predominantly David Mitchell (CPA) of Camarillo, California. FILING DATE: November 2008.