Facts

Plaintiffs Dixie Smith and Chalene Smith were in their vehicle on Nov. 19, 2003 on Highway 41 between Fresno and Hanford, California. The Smiths were returning home from University Medical Center in Fresno where they had been visiting Melvin Smith, the husband of Dixie and the father of Chalene, who had been in a serious motor vehicle collision preceding the subject collision.

Defendant Gardner was heading in the opposite direction after having spent the previous six hours drinking at a variety of different establishments in the Fresno County area. Mr. Gardner crossed over the center-line of Highway 41 and struck the Smith vehicle head-on. Mr. Gardner had a blood alcohol level nearly three times the legal limit, at .22.

Settlement Discussions

In this matter, prior to its settlement, a global demand was made for the $11 million policy limits.

Injuries

Dixie Smith suffered a severe fracture to her right, lower extremity and a significant laceration to her left leg, along with multiple soft tissue injuries. The right leg fracture required surgical intervention with external fixators due to the badly fractured nature of her lower right leg and foot. Mrs. Smith ultimately had to have her right ankle fused due to the severity of the injury. While Mrs. Smith was about to continue her occupation as a professor at West Hills College, she could not perform the full scope and duties, which she had done previously. Due to the significant leg fracture, she was unable to demonstrate dance moves and how to approach and walk across the stage. All instruction had to be verbally provided by Mrs. Smith to her students. Further, Mrs. Smith observed her daughter, Chalene Smith, suffer significant injuries, and thereby had a Dillon v. Legg claim along with her own personal injuries. Mrs. Smith's medical expenses were $46,000. Her income loss was $12,000. Chalene Smith suffered a closed head injury and significant chest trauma and spine injury. She was required to be resuscitated at the scene of the incident and taken to the University Medical Center where she was diagnosed as suffering significant closed head injury with a Glasgow coma scale of 11-12, a right hemopneumothorax, multiple rib fractures, a laceration to her spleen, laceration to her liver, fracture of her T-10 vertebral body and 3 fractured vertebra in her lumbar spine along with a right foot fracture. Ultimately, following her hospitalization course, she was left with residuals of significant back and right leg pain as well as the symptoms of a closed head injury. The back injury ultimately led to a spinal fusion at the T-10 level. The leg injury ultimately led to an arthroscopic procedure on her right knee and her closed head injury was treated conservatively with counseling. She was ultimately diagnosed with not only suffering from the closed head injury, but also from Post Traumatic Stress Disorder due to the severity of the injuries and of the event itself. Chalene Smith's medical expenses were $282,000 with future medical expenses estimated in the amount of $150,000. Her lost income claim was approximately $10,000.

Result

The matter was resolved for $7.75 million. Of that settlement amount, $1.9 million went to Dixie Smith and her husband on his loss of consortium claim, and $5.75 million went to Chalene Smith. The remaining $100,000 went to a third family member who was also in the vehicle.

Other Information

The insurance carrier in this matter was Amco Insurance Company.