Jeannie Leah Rivkin, Arthur Rivkin, et al. v. Irene Ruth Allis
Published: May 27, 2006 | Result Date: Dec. 7, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIC846983 Settlement – $2,500,000
Facts
Plaintiff Jeannie Leah Rivkin, a 76-year-old retired business owner, was leaving a hotel in La Jolla. She was standing near the entrance with a group of other elderly women when a valet delivered a compact car to defendant Irene Ruth Allis. Defendant, who was standing in the adjacent driveway, got in the car and mistakenly put it in reverse. The car collided with a passing SUV in the street. Defendant then put the car in drive, causing it to jump the curb and striking plaintiff and two other women before hitting the outside wall of the hotel. The plaintiff and the other two women struck by defendant (names were kept confidential) sued defendant for motor vehicle negligence.
Injuries
Plaintiff suffered a left orbital fracture, resulting in the loss of the lens in that eye. She also suffered an open right tibial fracture, a closed left clavicle fracture, and complex facial lacerations. Plaintiff underwent two surgeries for her various injuries. Plaintiff's husband of 54 years claimed loss of consortium.
Result
The defendant had an insurance policy with a $1.5 million limit that had to be apportioned among the Rivkins and the other two unidentified plaintiffs. A negotiated settlement was reached whereby defendant agreed to pay an additional $1 million out of her own pocket toward the overall recovery. Of the $2.5 million global award, the Rivkins received $1.25 million.
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