Facts

On Oct. 21, 2008, plaintiff Brian Bessenbacher, age 30, was a passenger in a 2002 Chevy Tahoe driven by his friend, defendant Matthew Vogel. While driving about 45 mph, Vogel caused a single vehicle rollover accident when he tried to avoid a deer in the road and hit a tree. Vogel was intoxicated at the time of the accident. The plaintiff was seriously injured.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was intoxicated and convicted of a felony relating to the incident.

Settlement Discussions

The plaintiff demanded $250,000 (policy limits). The defendant's insurer bought plaintiff's hospital lien of $53,000, and offered $85,000.

Specials in Evidence

$74,900.

Injuries

The plaintiff suffered vertebral fracture at C1-2, sternum fracture, bilateral lung contusion, disc bulge at L4-5 and head trauma. The plaintiff experiences residual stiffness in his back and neck accompanied with headaches and numbness to his arms.

Result

The case settled for $197,000 plus payment of plaintiff's $53,000 hospital bill.

Other Information

Plaintiff's counsel discovered that the defendant was convicted of a felony related to this case, and requested attorney fees pursuant to 1021.4.