Facts

Plaintiff Thelma Guandique, a 42-year-old nanny and housekeeper, was making a left turn onto Bell Canyon Road from Valley Circle in Los Angeles when her vehicle was struck by defendant Ashkan Delrahim who was traveling southbound on Valley Circle. The impact moved plaintiff's vehicle 140 degrees south of the intersection. The defendants' vehicle came to rest after colliding with a brick wall.

The police responded but few witness statements were taken. Although witness testimony varied, one witness claimed that defendant passed him at a high rate of speed and went through a red light. Other witnesses claim the light was yellow. Plaintiff had an 8-year-old boy in the backseat who said she was turning left on a red light.

Plaintiff has no memory of the accident as she suffered diffuse brain damage. Plaintiff also suffered numerous spinal and facial fractures. Plaintiff has permanent cognitive deficits and limited mobility.

The defendants' care was not preserved and was facing a spoliation of evidence issue.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed negligence against Delrahim; that Delrahim ran the red light and was driving at an excessive speed.

DEFENDANTS' CONTENTIONS:
Delrahim claimed that plaintiff was inattentive and made a left turn in front of defendant on a yellow light.

Settlement Discussions

Plaintiff made a CCP 998 demand for the policy and gave the defendants 90 days to do discovery.

Specials in Evidence

$176,000 $28,000 $338,000 $2 million for lifetime care

Damages

Plaintiff's husband, Eduardo Guandique, claimed loss of consortium.

Injuries

Plaintiff, evaluated as a 10 on the Glascow Coma Scale, suffered diffuse brain injury affecting memory, speech and balance. Plaintiff can dress, eat, walk, read and write with difficulty, and will never work again. She takes anti seizure medication and attends a brain injury program to help with her quality of life. Plaintiff's treatment was completed except a neuropsychiatric evaluation as plaintiff's treating neuropsychiatrist said she performed a cognistat test in April and plaintiff was not competent to perform neuropsychiatric examination. Defendants still wanted the examination but the case settled three days before the expiration of the CCP 998.

Result

The case settled for $5 million.

Other Information

MEDIATOR: Alex Polsky of JAMS. FILING DATE: Jan. 25, 2011.