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Personal Injury
Auto v. Pedestrian
Negligence

Elmira Katebian v. Augustin Solis, Alberta Vargas

Published: Mar. 14, 2009 | Result Date: Oct. 7, 2008 | Filing Date: Jan. 1, 1900 |

Case number: RC07315517 Settlement –  $365,000

Court

Alameda Superior


Attorneys

Plaintiff

Robert B. Gray


Defendant

Mark L. Dawson
(Dawson Law Offices Inc.)

Robert T. Haney
(Parker PLLC)


Facts

On June 15, 2006, Augustin Solis drove a car owned by Alberta Vargas and hit Elmira Katebian as she walked across a crosswalk in the street. Consequently, Katebian sued Solis and Vargas for motor vehicle negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff asserted that Solis tried to avoid the police by driving above the speed limit while going the wrong way on a one-way street.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability.

Damages

Plaintiff sought damages for medical expenses, lost wages, and pain and suffering.

Injuries

Katebian sustained collarbone, leg, rib, and skull fractures.

Result

The plaintiff received $365,000 ($350,000 from Solis in a stipulated judgment (uninsured), $15,000 from Vargas in a prior settlement agreement).

Other Information

Lincoln General insured Vargas. However, Vargas' settlement agreement with the plaintiff exhausted the policy limits.


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