Facts

Plaintiffs Jim and Lisa Vanderschaaf were driving with their two minor children on Topanga Canyon Road in Chatsworth. Defendant was driving the opposite direction. It was raining heavily and defendant lost control of his vehicle hitting the plaintiffs' vehicle broadside on the driver's door.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Mr. Kennedy drove his vehicle unsafely for existing conditions.

DEFENDANT'S CONTENTIONS:
Defendant premised his case mainly on damages.

Settlement Discussions

Defendant originally offered $25,000, raised to $70,000 by way of a statutory 998 offer. Plaintiffs originally demanded $250,000 and settled for a structured settlement that provided a payout of approximately $195,000.

Damages

Mr. Vanderschaaf received a broken and dislocated ankle. No surgery needed. Mrs. Vanderschaaf received cuts and bruises to her lower leg and chest. She also suffered PTSD. The minor Vanderschaaf children received minor injuries.

Result

Settled one month before trial for $117,700 cash value.