Facts

On March 6, 2007, plaintiff Cheryl Sherman, 52, was driving along Haven Avenue in Rancho Cucamonga when a gravel truck owned by ATE Environmental Inc. rear-ended her as it stopped for a red light. The truck's brakes failed as it approached Sherman's car.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent in failing to maintain and inspect the brakes on the gravel truck as required by industry standards.

DEFENDANT'S CONTENTIONS:
The defendant contended that it inspected the brakes as required and that a third party overloaded the truck. The defendant also contended that plaintiff had previously undergone two back surgeries and had preexisting injuries not caused by the accident. Further, the defendant contended that plaintiff recovered and her residual injuries were insignificant.

Settlement Discussions

The plaintiff was offered a $300,000 settlement.

Damages

The plaintiff initially sought the full policy limit of $1 million dollars, which included $27,024.99 for medical costs, $5,000 for future medical costs plus pain and suffering.

Injuries

The plaintiff suffered a spinal cord compression injury at C4-6 and shoulder compression to her left, non-dominant, shoulder. The plaintiff was airlifted from the accident to Loma Linda University Medical Center where she was admitted and underwent successful C4-7 fusion surgery. The plaintiff missed approximately one year of work and contended she requires future shoulder decompression surgeries. The plaintiff also claimed she has residual nerve pain down her legs.

Result

The case settled via mediation for $750,000.