Facts

On Aug. 22, 2006, a van driven by Martel Mendoza rear-ended Connie Yanez's vehicle as she was stopped at a signal. Yanez sued Mendoza, the vehicle's owner, Raul Vaca, and Mendoza's employer, Main Tires & Wheels Inc.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Mendoza operated the vehicle negligently and in the course and scope of her employment.

Settlement Discussions

According to defense counsel: Plaintiff demanded $750,000 to settle the case pre-trial.

Damages

Yanez sought $111,962 in medical bills.

Injuries

The plaintiff claimed cervical strain, discectomy, cervical fusion, herniated disc at C4-5, herniated disc at C6-7, herniated cervical disc, spondylosis, and vertebrectomy. The defense contended that plaintiff had pre-existing cervical, lumbar and shoulder injuries caused by multiple accidents, including a workers' compensation accident which left her permanently disabled, a fall from a ladder, an injury caused when a wooden board with tile dropped on her head and left shoulder and, ultimately, a fall off a step at her home. The medical records revealed plaintiff was still receiving physical therapy within three months of the subject accident including cervical complaints radiating from neck to the left shoulder, and arm, left hand and lumbar complaints. Plaintiff's physical therapist who treated her pre-accident confirmed she had neck and left shoulder pain pre-accident.

Result

The parties settled for $275,000.