Facts

Delores Ruiz sued Rebecca Trujillo, in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant caused a collision when defendant made a left turn in front of her. Plaintiff further alleged that defendant failed to yield the right of way to her.

DEFENDANT'S CONTENTIONS:
Defendant alleged that plaintiff was to blame for the accident because plaintiff was speeding, and could have avoided the collision. Defendant also disputed the extent of plaintiff's alleged shoulder injury.

Settlement Discussions

Defendant's insurer offered its policy limit of $15,000, which plaintiff rejected. Plaintiff then made a CCP 998 demand for $107,500. At trial, plaintiff demanded $400,000.

Damages

Plaintiff requested $3,874 for past medical costs. Plaintiff requested future medical expenses of $140,000 for shoulder surgery and therapy, and an additional $140,000 for a possible repeat surgery.

Injuries

Plaintiff allegedly suffered a shoulder injury, and her doctor recommended surgery.

Result

A jury rendered a verdict in favor of plaintiff, and awarded her $127,347, which included $3,874 for past medical expenses, $76,000 for future medical expenses, $27,500 for past pain and suffering, and $20,000 for future pain and suffering. Plaintiff was also entitled to CCP 998 costs of $24,556, plus $2,450 in interest. Post-verdict, the parties agreed to settle the dispute for $149,478 in full satisfaction of the judgment.