Driver v. Driver–Ventura Superior Court
Plaintiff, a middle-aged LAUSD school psychologist, was driving a late model Cadillac in Westlake Village, California when defendant’s vehicle rear-ended her in a substantial collision that caved in the trunk of plaintiff’s car. Plaintiff claimed that beyond the soft-tissue injuries that resulted, her ability to concentrate and do her job as a school psychologist had been significantly compromised, thereby making it necessary for her to reduce her work schedule to half-time, and ultimately to retire a few years early.
Numerous references to mood enhancing pharmaceuticals were found in plaintiff’s pre-accident medical records, raising the suspicion that plaintiff had “issues” unrelated to her physical injury that explained any difficulties she experienced on the job after the accident.
A C.C.P. section 998 Offer in the amount of $8,400.00 was made in this clear liability case. Plaintiff’s attorney asked the jury for $80,000.00.
The jury awarded plaintiff $8,000.00, and with the recovery of costs and expert fees to which defendant then became entitled, plaintiff received nothing.