Facts

On Dec. 2, 2010, Shirley Buswell was a passenger in a van being driven by Timothy Stewart. However, Stewart lost control of the vehicle, which ended up hitting a concrete divider. Buswell sued Stewart and Kathleen Kealy, the owner of the minivan, after being injured in the accident.

PLAINTIFF'S CONTENTIONS:
Buswell argued that Stewart had been driving recklessly, and that Kealy was responsible for his actions. She asserted that Stewart should have been driving more cautiously because of the snowy conditions.

DEFENDANT'S CONTENTIONS:
Stewart asserted that he had only lost control of the vehicle because a tire blew out. As such, defendants admitted liability for the accident and acknowledged that Buswell was injured. However, defendants argued that Buswell's pre-existing medical conditions were the cause of her ongoing pain and medical issues. Defendants also argued that Buswell caused further injury to her back in a fall while walking a dog a year after the accident.

Settlement Discussions

Buswell demanded $489,999 to settle. Stewart made a statutory offer of $100,000, pursuant to CCP Section 998.

Damages

Buswell sought $9,171 for her past medical costs, $300,000 for her future medical costs, and $100,000 for her pain and suffering.

Injuries

Buswell experienced pain in her right rib, right arm, and lower black. An MRI later revealed she was suffering from multilevel degenerative disc disease. An EMG nerve conduction study was consistent with left radiculopathy and femoral mononeuropathy. Her doctors had her scheduled for a two-level translateral interbody fusion at L4-5 and L5-S1, but it was postponed indefinitely due to a heart condition. Buswell claimed that her injuries from the accident would require future pain medications, homecare assistance, future hospitalizations due to falls, and durable medical equipment including a scooter.

Result

A jury awarded Buswell $57,171, which included $9,171 for past medical costs, $30,000 for future medical costs, $18,000 for past pain and suffering, and $0 for future pain and suffering.

Other Information

INSURERS: Farmers' companies Fire Insurance Exchange and Mid-Century Insurance Company.

Deliberation

five hours

Length

five days