On Aug. 22, 2018, plaintiff Olivia Beery, 4, was in a child safety seat in the rear seat of a vehicle operated by her mother. As they were traveling in Paso Robles, their vehicle was rear-ended by a vehicle operated by Jennifer Moffatt. The force of the collision caused the vehicle that Olivia was in to go down an embankment and strike a tree. At the time of impact, Olivia was out of her child safety seat. She sustained to her head, face, back and chest. Olivia’s father, Paul Beery, acting as Olivia’s guardian ad litem, brought claims against Moffatt and the owner of Moffatt’s vehicle, Vicki Silva. Beery alleged that Moffatt was negligent in the operation of her vehicle and that Silva was vicariously liable for Moffatt’s actions. It was ultimately determined that The Vicki Silva Trust was the registered owner of Moffatt’s vehicle and that Moffatt and the trust had separate insurance policies, but both were with the same insurer., Olivia suffered a concussion fracture of the alveolar ridge (the bony ridge of the jaw that holds the sockets of the teeth) and fractures to four teeth. She also suffered five compression fractures of the thoracic spine at T3, T4, T5, T6, T7 and T8, as well as a soft tissue injury to her back. In addition, Olivia suffered three right rib fractures, a lung contusion, a pneumothorax, and abrasions and contusions. She was taken to a hospital for treatment. Olivia required a back brace her thoracic fractures healed. She also required dental treatment for her mouth . However, Olivia had no residual and her eventually healed. As a result, no future treatment was claimed. Olivia sought recovery of approximately $100,000 in past medical costs based on her total adjusted medical bills. She also sought recovery of damages for her past pain and suffering.