Facts of the case: Plaintiff crossing the street, at 9:00 pm, outside any cross-walk, described by independent witness, walking briskly, with a purpose, was struck on the front driver’s side of defendant’s vehicle. Plaintiff was hospitalized for two days with three fractures in her back, at L2, L3 and L4. Client was unfamiliar with the location and looking at his GPS when he heard the impact and did not know what smashed in his windshield until he exited his vehicle. The police found the defendant to be primarily at fault.
Damages: Plaintiff’s hospital bill was reduced to what MediCal paid, $10,779.12 and then she incurred MRI bills, chiropractic bills and then four epidurals black boarding over $32,000 in medical specials. Plaintiff wanted the policy limit of $100,000 and the defense did a 998 for $45,000.
Result: The jury awarded a total of $15,279.12 in damages ($1,500 for pain and suffering) but also found plaintiff 51% at fault, so the total jury verdict was $7,486.77.