Confidential
Settlement – $185,000Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brian T. Andrews
(medical)
Rolf Olness
(medical)
Defendant
Peter N. Sfakianos
(medical)
Facts
In September 2002, the plaintiff, 39-year-old director of Winery Sales for Reidel Crystal, while in the course and scope of her employment, was driving a 2000 VW Passatt and was about to make a left turn from northbound Highway 29 in Napa County to eastbound Oakville Grade. The defendant Dye was a delivery driver for M&M Sanitary delivering portable toilets to vineyards. Dye failed to yield the right of way to Mitchell when he was westbound at a stop sign on Oakville Grade and "T boned" the driver's side of the plaintiff's vehicle.
Settlement Discussions
The case was settled at $185,000. The workers' compensation lien was compromised at $8,900.
Specials in Evidence
In excess of $30,000. CNA asserted a workers' compensation lien of approximately $35,000 $40,000 (disputed)
Injuries
The plaintiff had two previous cervical fusions, one at C5-6 in the early 1960s, and one at C6-7. The C6-7 did not take, resulting in fibrosis, replacing the bone that had been inserted at the time of the fusion. The plaintiff claimed that she was essentially asymptomatic for any significant neck, shoulder, hand or related problems for years before the subject accident, which was disputed by defendants. Post accident, the plaintiff complained of neck, left arm pain, numbness in the left forearm and hand, all aggravated by neck movements. A comparison of pre and post accident cervical MRIs did not show significant changes. Following unsuccessful conservative treatment of PT, medications and traction for 14 months, the plaintiff underwent a posterior approach microscopic decompression of C5 through C7 sets bilaterally using laminectomies and foraminotomies with the patient in a seated position.
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