Case: Auto v. Auto

FURTHER DESCRIPTION: Underinsured Motorist Claim Settlement: $501,000

JUDGE: Richard E.L. Strauss

ATTORNEYS: Plaintiff: Daniel S. Rose (Law Offices of Daniel Steven Rose PC) Defendant: Keevil L. Markham (Law Offices of Keevil L. Markham)

FACTS: On Feb. 19, 2018, plaintiff Svetlana Dreyfuss, a manger, was driving her husband’s vehicle to a car dealership with the hope to purchase a vehicle. She was struck on the passenger side by defendant Daniel Mishek, a 23-year-old man, who failed to properly yield on Torrey Pines Road in San Diego. Another Lyft driver who recognized Svetlana pulled over to assist while Mishek was trying to deny liability at the scene. Svetlana wanted to go the hospital. The Lyft driver helped Svetlana collect defendant’s information, helped get her vehicle towed and drove her to the hospital which was nearby because she hit her head in the collision was feeling sick and dizzy.

PLAINTIFF’S CONTENTIONS: Plaintiffs claimed that Mishek was at fault. Initially at the scene, Mishek tried to avoid liability but the Lyft driver witnessed the accident. The police never came to the scene of the accident.

DEFENDANT’S CONTENTIONS: Defendant disputed the nasal fracture and need for repair was related to the accident claiming her nose could not have occurred in the collision.

MEDICAL COSTS: Meds: $100,000

INJURIES: Svetlana sustained a comminuted minimally displaced fracture of the nasal bone, post-concussion syndrome, neck strain, lower back strain, left knee pain, and right shoulder pain. She underwent nasal surgery to correct the fracture. Also, she underwent physical therapy and trigger point injections for her neck and back injury. Svetlana’s husband, actor Richard Dreyfuss, claimed loss of consortium.

DAMAGES: Plaintiffs were not able to go to the Oscars set for March 4, 2018, as well as other engagements for Richard due to her injuries. The defense attempted to pay less than the $300,000 policy limits claiming a broken nose was not worth $300,000. After much discussion how she assists her husband’s acting appearances, the third party carrier paid the policy. The UIM Carrier paid its limits without any Underinsured Motorist litigation.

RESULT: The case settled for $501,000 policy limits; (third party $300,000; underinsured motorist $200,000 and $1,000 medical payments).

FILING DATE: May 1, 2019