Facts

On Oct. 6, 2007, plaintiff Linda Gottshall-Sayed, while stopped in traffic on Pacific Coast highway, was rear-ended by a vehicle being driven by defendant Brandon Roberts, who was in the course and scope of his employment at 3 Ball Productions and Entertainment Partners. As a result, Gottshall-Sayed's vehicle rear-ended the car in front of her, which also rear-ended the vehicle in front of it. Gottshall-Sayed filed suit against Roberts, the vehicle's owner Two Fam and Bongo Inc., which were both owned by 3 Ball.

PLAINTIFF'S CONTENTIONS:
Gottshall-Sayed alleged that Roberts was not paying attention to traffic, having worked 12 hour-days for five days previous to the accident. Gottshall-Sayed further contended that she had heard no braking before the collision and had no notice that she was about to be rear-ended.

DEFENDANTS' CONTENTIONS:
The defense admitted liability. The defense contended that Gottshall-Sayed's shoulder injury and radiculopathy pre-dated the collision and that she had a degenerative condition that required the surgery. Defendants further disputed Gottshall-Sayed's brain injury and loss of income claims, arguing she could receive reasonable accommodations and employment in numerous areas.

Settlement Discussions

At the initial Nov. 7, 2008 mediation, plaintiff demanded $5,750,000; defendants offered $225,000. In June 2009, plaintiff $4,550,000 of each defendant (for a total of $13,650,000), via C.C.P. section 998. On July 27, 2009, defendants offered $750,000, via C.C.P. section 998. On Sept. 22, 2009, defendants offered $1 million, via C.C.P. section 998.

Damages

Gottshall-Sayed sought $138,731 in medical expenses and $111,125 in lost earnings.

Injuries

Gottshall-Sayed suffered a right rotator cuff tear, requiring surgery, as well as neck sprain, strain with cervical radiculopathy, requiring surgery, and a mild traumatic brain injury.

Result

The parties reached a settlement, on the first day of trial, for $1.25 million.