On the morning of Feb. 3, 2007, claimant Lisa Tapola, 33, a hairstylist, was operating a Honda Accord on southbound 90th Street West, a two-lane road in a rural area of the Antelope Valley. Claimant Michelle Ulate, 26, a manicurist, who was five months pregnant at the time, was seated in the front passenger seat, while Jordan Ulate was in his child safety seat in the rear, passenger’s side of the vehicle. Their vehicle was ultimately struck by a 2001 Ford Expedition sport utility vehicle that was operated by Mark Peterson, who was attempting to make a left turn from northbound 90th Street West into a parking lot of a local market located on the west side of 90th Street West. Following the collision, Tapola, Ulate and Jordan were all trapped and pinned inside the wrecked Honda as a result of the vehicle being so badly damaged and bent, and due to their sustained . Tapola, Ulate and Jordan brought a claim Peterson, alleging that Peterson was negligent in the operation of his vehicle. They also brought a claim against Peterson’s insurance carrier, Mercury Insurance Co., when it failed to pay their claims. Peterson subsequently brought a counterclaim against Tapola and the believed owner of Tapola’s vehicle, George Ulate. He alleged that Tapola was negligent in the operation of her vehicle and that Mr. Ulate was vicariously liable for Tapola’s actions. The matter first proceeded to a binding arbitration to determine the amount recoverable under Peterson’s policy with Mercury Insurance. At the arbitration, claimant’s counsel argued that although Peterson had a $15,000/$30,000 insurance policy, Mercury’s failure to timely investigate the accident claims caused the policy to be “opened,” in which the amount payable would not be limited to $30,000. Mercury claimed that Peterson’s policy should not be “open,” and denied any internal problems in the handling of the claim for Peterson. Arbitrator Judith Cherlin heard witness testimony that was taken from Mercury employees involved in the adjusting of the claim, attorneys on the underlying case, as well as expert witnesses on both sides. The ruling was ultimately in favor of Tapola, Ulate and Jordan, determining that Peterson’s policy had been “opened,” causing the policy to have an open limit, instead of a $30,000 limit. The matter then continued to mediation regarding the cause of the accident and the claimants’ alleged and damages. At mediation, the claimants asserted that Peterson failed to yield the right of way and negligently attempted a left turn when it was unsafe to do so. Although he initially brought a counter-claim against Tapola, Peterson ultimately conceded liability at mediation. Thus, his cross-complaint was ultimately dismissed., Tapola, Ulate and Jordan were trapped in their vehicle after the accident. Once they were removed by the first responders, they were immediately transported to area hospitals for emergency treatment of their . Tapola and Jordan were rushed by ambulance to Antelope Valley Hospital in Lancaster, while Ulate was helicoptered from the collision scene to Holy Cross Medical Center in Mission Hills due to the severity of her . Tapola sustained a fractured ulna in her left arm and a fractured navicular bone in her right foot. Her left arm was subsequently casted from her thumb to just below her elbow for six weeks. She also had her right foot and ankle casted to just above her ankle for eight weeks. However, her navicular bone collapsed, causing the shape and alignment of her right foot to change. Tapola claimed that her right foot is now perpetually swollen around the ankle and is slightly shorter than her left foot. She also claimed that her left ulna suffered a malunion and has healed in a misaligned, “bowed” position. Tapola alleged that as a result, she still experiences pain along the outer part of her left arm, from the elbow area to her wrist. She claimed that as a result, she suffered approximately six to eight weeks of lost earnings and that once she returned to work as a hairstylist, she found she suffers pain and discomfort when blow-drying and styling customers’ hair. In addition, Tapola claimed she can no longer stand for lengthy periods of time, as she suffers pain and discomfort in her right foot when standing, and is no longer able to go hiking, go snowboarding or participate in her normal outdoor activities that she once enjoyed prior to the crash. She further claimed that even taking her children to the park to play takes a toll on her. Tapola’s husband, Michael, brought a derivative claim seeking recovery of damages for his loss of consortium. Jordan was taken to the emergency room due to bleeding from his nose. He subsequently underwent CT scans and was found to be suffering from soft-tissue to his neck and back. After being checked for to his neck and back, Jordan was released from the hospital. Jordan claimed his soft tissue healed. However, his mother claimed that in the months following the incident, she noticed that Jordan had become quiet and withdrawn. Ulate sustained fractures of the left femur and pelvis. After being airlifted to Holy Cross Medical Center, she underwent open reduction and internal fixation with placement of an intramedullary rod in her femur. The severe impact of the collision also caused Ulate to miscarry, and she lost her baby. About 2.5 weeks post-accident, Ulate began vomiting blood and complained of sever back pain. She subsequently presented to Tehachapi Valley Hospital in Tehachapi, where an X-ray showed an apparent lesion on her left lung. Ulate was then transported by ambulance to Bakersfield Heart Hospital in Bakersfield, where the spot on her lung was discovered to be a blood clot. It was determined that Ulate developed pulmonary embolisms from her immobility due to her broken pelvis and left femur. When several more blood clots were found in both of Ulate’s legs, she immediately underwent another surgery, where an umbrella filter was placed in her chest to prevent any further blood clots from reaching her lungs. Ulate’s pulmonary conditions have resolved. However, she claimed she still has residual issues with her orthopedic problems.