Facts

The plaintiff, Bernice Pappas, 78, was walking through a parking lot in San Diego County when she was struck by a car, which was backing out of a parking space.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the under-insured motorist should have looked before backing up.

DEFENDANT'S CONTENTIONS:
UIM carrier alleged comparative fault, contended that plaintiff was not using the marked walkway and should have been more attentive.

Specials in Evidence

$7,000

Injuries

The plaintiff sustained fracture of the right superior and inferior pubic ramus. The plaintiff alleged an aggravation of pre-existing fibromyalgia syndrome. The defendant argued that no surgery was required and that the pelvic fractures had healed. The plaintiff's fibromyalgia was very symptomatic for many years before the accident, and was not significantly different after the injury.

Result

The case settled at mediation for $210,000 new money by AAA (UIM carrier). The third party paid $15,000 policy limits.