Facts

The accident involved plaintiff Barbara Elaine Garrison, 76, with a pacemaker for a heart condition, and a 17-year-old defendant David Brandon McNutt. Plaintiff was struck in the rear and then hit the car in front of this four-car rear-end accident.

The police officer testified that defendant's impact speed was over 30 mph, at least to the car, which was knocked into plaintiff, which sustained moderately heavy damage with the plaintiff's car sustaining moderate rear-end and a minor front-end damage.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that her knee and back complaints were either caused or made symptomatic by the accident.

DEFENDANT'S CONTENTIONS:
Defendant claimed that other than diagnostic visits every three months for a year with plaintiff's doctor, plaintiff had no treatment beyond chiropractic until the CT scans disclosed a torn meniscus and disc degeneration, after pain in the meniscus area did not show up until eight months post-accident.

Settlement Discussions

Plaintiff demanded $250,000 (policy limits). Defendant made offers of $5,000 and $7,500, and a CCP 998 offer of $12,000.

Specials in Evidence

$18,000 $103,504 (for knee replacement and a non-operable disc - due to her heart conditin or age)

Injuries

Plaintiff suffered torn meniscus and lower back pain. Plaintiff established that she had no prior left knee complaints or lower back complaints, for over 10 years, through her family physician of 25 years and his records. A CT scan of her knee, two years after the accident, established that plaintiff had a left knee meniscus tear and a bulge at L4-5.

Result

Plaintiff was awarded judgment in the amount of $8,494, including a verdict of $2,790 and a cost bill of $5,703.86.

Other Information

Defendant filed a cost bill in the sum of $28,878.63, predicated on the CCP 998 offer. Plaintiff Garrison objected to and made a motion to strike defendant's cost bill, which was granted due to the fact that the 998 offer was ineffectual based on indemnity provisions. Further, plaintiff filed a memorandum of costs, which was $5,703.86, and defendant made a motion to tax costs, which was denied. Hence, plaintiff received an award of costs in the sum of $5,703.86. Defendant suggested payment of $1,790 for the chiropractic care, and some of the diagnostic doctor visits to the extent of $2,284, plus $4,000 to $6,000 for past pain and suffering for a total verdict of under $10,000. Plaintiff obtained sanctions in the sum of $1,840 for discovery abuse by defendant's firm. The sanctions were paid, bringing plaintiff's total recovery to $10,333.86. EXPERT TESTIMONY: Dr. Michael Oeschel and Dr. William K. Hoddick testified to the effect that the knee was arthritic and there were bulges at several spine levels, demonstrating degeneration. The late discovery of the meniscus and little back treatment demonstrated these were not related to the accident. Dr. Susan Gootnik and Dr. Robert Teasdale opined that the knee and back problems with respect to the torn meniscus of the left knee and the degenerative disc in the back were either caused and/or made symptomatic as a result of the subject automobile accident.

Deliberation

three hours

Length

five days