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Personal Injury
Auto v. Pedestrian
Negligence

Jeane M. Welch v. Charles Stephen Koch

Published: Jul. 23, 2011 | Result Date: May 24, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 1-10-CV-166399 Verdict –  $104,862

Court

Santa Clara Superior


Attorneys

Plaintiff

Paul B. Kemp


Defendant

Anthony F. Pinelli
(Williams, Pinelli & Cullen LLP)


Experts

Plaintiff

Stephen T. Imrie
(medical)

Defendant

Gerald H. Udinsky
(technical)

Paul J. Mills
(medical)

Facts

Jeane Welch was walking eastbound on Main Street in Los Gatos on Dec. 4, 2009 when she entered the crosswalk at the Jackson Street intersection and was struck by a vehicle operated by Charles Koch.

Contentions

PLAINTIFF'S CONTENTIONS:
Welch filed suit against Koch, alleging motor vehicle negligence. She contended that Koch failed to yield to pedestrian traffic while making a left turn at an uncontrolled intersection.

DEFENDANT'S CONTENTIONS:
Koch admitted liability, but disputed that Welch would require future medical treatment, future wage loss, and nature and extent of general damages.

Damages

Welch sought damages of $46,862 in past medical costs, $68,000 in past lost earnings, $180,000 in future lost earnings, and pain and suffering damages of $650,000, for total damages of $950,000.

Injuries

Welch sustained fractures to her left fibula and tibia, as well as her tibial plateau, and her leg was placed in a closed reduction cast.

Result

The jury awarded Welch $104,862 in damages.

Poll

11-1

Length

six days


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