Two plaintiffs received $475,000 as compensation for the injuries they suffered in a rear end accident–without even having to participate in litigation. The two women were driving together in Merced County when they slowed for a stop sign ahead. The truck behind them did not, though, crashing into the rear of their vehicle. One victim would require shoulder surgery for a torn rotator cuff, while the other required knee surgery to repair chondromalacia of the patella and multiple meniscal tears.
When negotiations stalled, the plaintiffs filed a lawsuit against the truck driver and the truck owner. The plaintiffs wanted to avoid the anxiety of any depositions, independent medical examinations, and most certainly trial, and instructed their attorneys to get as much as they could without involving them in litigation. Their attorneys therefore kept pressure on the defendants in the form of pending motions to compel discovery responses, to compel defendant’s deposition, and a motion for protective order and sanctions (for defendant’s failure to take plaintiffs deposition when he should have). Facing potential sanctions, defense substantially increased its offer in the matter, allowing the plaintiffs to settle for a significant sum without any further anxiety of litigation.