Facts

Patricia Beyer was driving east on Twain Street in San Diego when she was broadsided by a van operated by Andrew Montoya, who was attempting to make a left turn from westbound Twain Street Beyer suffered injuries as a result thereof and sued Montoya and Ideal Plumbing and Heating Inc., the owner of the van, and Montoya's employer for negligent operation of a motor vehicle and vicarious liability as to Ideal Plumbing.

Montoya admitted liability and the matter proceeded to trial on causation and damages.

Her husband's derivative claim for loss of consortium was dismissed before trial.

Settlement Discussions

Plaintiff served a CCP 998 demand of $375,000. Defendant served a CCP 998 offer of $175,000.

Damages

Beyer sought $17,415 for past medical bills. She claimed she would need workplace accommodation and sought $750,000 in total damages. Defendants conceded Beyer's past medical bills and the need for future surgery, but disputed the time she would need for recovery. They further disputed her need for workplace accommodations.

Injuries

Beyer was taken by ambulance to an emergency room with complaints of pain to her left thumb and right shoulder. An MRI revealed a torn ulnar collateral ligament in her left, non-dominant thumb. She was also diagnosed with a torn rotator cuff in her right shoulder and underwent physical therapy. She continued to experience pain and discomfort in her thumb and shoulder and although surgery was recommended for both injuries, she had not undergone the procedures because it would require her to miss work.

Result

The jury rendered a verdict in Beyer's favor and awarded her $130,415 in damages, which included $17,415 for past medical cost; $23,000 for future medical cost; $25,000 for past pain and suffering; $50,000 for future pain and suffering; and $15,000 for future workplace assistance. After costs, plaintiff's net judgment was reduced to $109,212.

Deliberation

two hours

Length

three days