Facts

The defendant, Polly Mercado, attempted a left turn into the plaintiff's lane of travel and struck the plaintiff, Rodolfo Magat, a 65-year-old salesman and production assistant. The impact caused the plaintiff's vehicle to lose control and strike a concrete pole. The plaintiff was in the course and scope of his employment at the time of the accident. The workers' compensation carrier filed an intervention action related to benefits paid on behalf of the plaintiff.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he sustained memory loss and cognitive difficulties from a closed head trauma, as well as various orthopedic injuries including multiple fractured ribs. The plaintiff was unable to continue working since the date of the accident and permanently unable to resume work duties.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff had few, if any, cognitive impairments and that his limitations were caused by psychological factors and language difficulties unrelated to the accident. The defendant also contended that the plaintiff's loss of earnings claim was exaggerated because the plaintiff was 65 years old at the time of the accident, and would have retired soon in any case.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $250,000 (policy limits) as well as $1 million policy limits on an umbrella policy. The defendant offered $1 million at mediation.

Specials in Evidence

$217,000 (disputed); $120,000; $160,000 (disputed).

Result

The plaintiff settled for $1,150,000. The plaintiff's counsel reached an agreement with the workers' compensation carrier as to resolution of the workers' compensation reimbursement and credit claims for the pending workers' compensation matter.