Facts

Defendant Velma B. Millhauser, while driving a 1973 Mercedes SL, failed to yield to plaintiff Heidi Keplinger, and T-boned Keplinger's 1998 Econoline van, forcing the van over one lane and into a median where it came to rest striking a palm tree.

Joseph Awad, expert for the defense, testified at trial that the T-bone impact, the impact with the median, and the impact with the palm tree which pushed the tree over, with both vehicles being totaled, constituted insufficient forces to produce significant injuries.

DEFENDANT'S CONTENTIONS:
Initially, Millhauser denied liability. The defense contended that Julia Keplinger, passenger in the right rear seat was unbelted because she had pulled her shoulder harness away to lean over to her left to get a book that was on the floor when she was struck. Millhauser admitted being negligent through counsel, but did not testify.

Settlement Discussions

The plaintiffs made a C.C.P. section 998 demand for $49,900 for Heidi Keplinger, $28,000 for Julie Keplinger and $15,000 for Bethany Keplinger. Six days before trial, the defendant offered $50,000 to Heidi Keplinger, $22,000 to Julie Keplinger and $10,000 to Bethany Keplinger.

Specials in Evidence

$16,263 (Heidi Keplinger), $1,476 (Julie Keplinger), $6,661 (Bethany Keplinger)

Injuries

Heidi Keplinger suffered cervical strain associated with disc bulging at C4-5, C6-7, and extruded disc at T1-2. The defense claimed that all findings were degenerative. Julie Keplinger suffered closed fracture of the coccyx with lower back pain. The defense claimed that she should have healed and was caused by being unbelted. Bethany Keplinger suffered cervical and thoracic strains with lower back pain.

Result

The jury found that the defendant was 100 percent negligent and a substantial factor in causing plaintiffs' injuries. $38,661 for Bethany Keplinger ($6,661 past economic; $7,000 future economic; $10,000 past non-economic; $15,000 future non-economic). $186,263 for Heidi Keplinger ($16,263 past economic; $75,000 future economic; $20,000 past non-economic; $75,000 future non-economic). $58,476 for Julia Keplinger ($1,476 past economic; $7,000 future economic; $15,000 past non-economic; $35,000 future non-economic).

Other Information

The matter had previously gone to arbitration before Michael Kaiser, Esq., of Palm Springs on Aug. 12, 2008, where the plaintiffs were awarded $50,000 to Heidi Keplinger, $28,000 to Heidi Keplinger and $15,000 to Bethany Keplinger. FILING DATE: Sept. 12, 2006.

Deliberation

four hours

Poll

9-3

Length

four days