Confidential

Facts

On Aug. 12, 2003, plaintiff Amy Millard was driving on Nancy Ridge Road in San Diego. While she was waiting for traffic to pass so she could safely turn left into a public driveway, her vehicle was struck in the rear by a truck owned by Jackson & Blanc which was driven by Michael Maloney. The force of the impact forced her vehicle across the double line, into the lane of oncoming traffic. She was then struck in the front by another truck. At deposition, defendant Maloney said he did not remember seeing the plaintiff prior to striking her. He was cited for a violation of California Vehicle Code Section 22350.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants were liable for causing the injuries to the plaintiff. The driver admitted that he did not see the plaintiff's vehicle before he struck her. The investigating authorities did not find any evidence of braking prior to the collision. The investigating officer found the defendant driver to be at fault for the accident due to his inattention to the roadway and found him in violation of California Vehicle Code Section 22350. The driver of the second vehicle that struck the plaintiff also filed a lawsuit against defendant Jackson & Blanc. The cases were consolidated by the Court.

DEFENDANT'S CONTENTIONS:
The defendant contended that the injuries suffered by the plaintiff were pre-existing and/or degenerative and not caused by this incident.

Specials in Evidence

$44,721.

Injuries

Pain in her left ankle and right forearm. The right forearm pain was largely wrist pain and mid forearm pain, aggravated by the use of the arm with any sort of activity. She also suffered from an ankle sprain and swollen knee. She later developed mid thoracic spine pain. Several months post-accident, the plaintiff underwent right wrist diagnostic arthroscopy and debridement of right wrist triangular fibrocartilage complex tear.

Result

Settlement: $187,500. Maureen Summers, Esq. was the mediator.