Facts

Plaintiff Kelly McDowell, age 26, was driving her car in the parking lot of a Nordstrom's in San Jose. She worked there at a makeup counter. She was in a traffic aisle driving toward the exit. Defendant Gina Barsanti was driving in an aisle perpendicular to plaintiff.

According to the plaintiff, the defendant ran a stop sign and hit the plaintiff’s car on the passenger side. According to the defendant, the plaintiff hit the defendant’s car on the driver’s side.

The plaintiff sued the defendant and the owner of the car, defendant Race Street Foods Inc. alleging negligence.

The defendants initially disputed liability, denying that Barsanti ran the stop sign. However, at the time of settlement, liability was not in dispute.

Specials in Evidence

$108,641. $64,000. $60,000.

Injuries

The plaintiff claimed she sustained herniated discs at C4-5 and C5-6, including soft-tissue injuries to her back. She had an anterior cervical discectomy with fusion and fixation. She had three steroid epidural injections, 10 physical therapy sessions and six acupuncture sessions. The plaintiff contended her injuries made her unable to work for two years after the accident. Her pain management doctor stated plaintiff would need future epidurals. Her neurosurgeon opined she was a candidate for surgery at C6-7 because the vertebrae wore down from the pressure of the fusion. In addition to seeking medical expenses and lost wages, the plaintiff also sought an unspecified amount of damages for pain and suffering. Defendants disputed that plaintiff's herniated disc was caused by the car accident, arguing it was statically unlikely that she suffered such an injury in this type of accident. They also denied that plaintiff would need future surgery.

Result

The parties settled on the first day of trial for $525,000.