Facts

On Oct. 31, 2005, plaintiff Ida Logan, a 78-year-old retired housekeeper, was driving her sedan through the intersection of Webster and Fulton Street, located in San Francisco, when her vehicle crashed into a 4,600-pound van. Defendant Seth Posner was the van's driver.

PLAINTIFF'S CONTENTIONS:
The plaintiff brought an action against Posner, claiming that the accident happened because Posner did not stop at the red light.

DEFENDANT'S CONTENTIONS:
Posner asserted that plaintiff was the party who illegally ran the red light.

Settlement Discussions

A demand for $15,000 per C.C.P. section 998 (insurance policy limits) was made in March 2007, defendant refused. Prior to trial, defendant offered $15,000.

Damages

Plaintiff sought $123,603 for future medical care consisting of $61,500 for total left knee replacement, $25,635 for back treatment, and rhizotomy and median branch nerve blocks. The total includes $1,360 for hip treatment in the future, $35,118 in future bladder treatment and surgery, and an additional $38,301 for past medical expenses and an unknown amount in pain and suffering damages.

Injuries

Logan asserted that as a result of the incident she suffered extensive complete tears of the posterior horn of the left medial meniscus, plus lower back facet syndrome and a bladder nerve injury. Following the incident, Logan was taken in an ambulance to San Francisco General Hospital. X-rays indicated she had cervical strain and left thigh contusion. No fractures appeared in the x-rays. She further alleged that while at the emergency room, she showed symptoms of a bladder problem and had to urinate every 20 minutes. Logan received chiropractic treatment for her back pains, which lasted four months. She also received diagnostic tests, which involved video urodynamic and renal ultrasound tests, to treat her bladder problem. Logan, a devout Jehovah's Witness, alleged that her injuries made it extremely difficult to fulfill her religious activities, specifically, her ability to go door-to-door to spread information. Defendant argued that the torn meniscus, knee injuries, and bladder problems were present prior to the incident. They asserted that because Logan did not complain about the torn meniscus of the left leg while in the emergency room, it could not be related to the incident. Also, the torn meniscus was diagnosed approximately two years after the incident. Further, plaintiff's treatment of pseudogout of the knee was not related to the subject incident. In addition, defendant contended that the plaintiff's medical records evidence showing her many complaints regarding an overactive bladder occured prior to the incident. Logan's urologist testified that he could not pinpoint a specific cause for her urinary issues. Finally, defendant asserted that $4,280 was the reasonable value for medical expenses and treatment after the accident.

Result

Defendant was deemed to be 75 percent liable and plaintiff to be 25 percent liable. The jury decided to award plaintiff $95,350 in total damages ($22,350 past medical costs, $5,000 future medical expenses, and $68,000 past pain and suffering), and after this amount was reduced in light of comparative fault, she received $71,512.50.

Other Information

The insurer was Allstate Insurance.

Deliberation

one day

Length

seven days