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Personal Injury
Auto v. Pedestrian
Failure to Yield the Right of Way to a Pedestrian

John Doe Pedestrian v. John Roe Driver

Published: Mar. 15, 2014 | Result Date: Nov. 1, 2013 | Filing Date: Jan. 1, 1900 |

Settlement –  $245,000

Court

Ventura Superior


Attorneys

Plaintiff

Andrew C. Bryman
(Bryman & Apelian)


Defendant

James R. York


Experts

Plaintiff

Jacob E. Tauber M.D.
(medical)

Facts

On May 4, 2011, plaintiff John Doe, 78, was walking on a neighborhood street while defendant driver was turning the corner. The plaintiff came in contact with the defendant's vehicle.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed came around the corner at a high rate of speed. Plaintiff noticed that defendant's vehicle was not slowing down and it appeared that defendant was going to attempt to pass between plaintiff and the curb. As plaintiff realized that defendants' vehicle was going to hit him, he pushed against the vehicle and then jumped back. Defendant did not stop.

Plaintiff claimed that defendant operated his vehicle in a negligent manner causing plaintiff to have to push away from defendant's vehicle as it came too close to him, resulting in injury.

DEFENDANT'S CONTENTIONS:
Defendant disputed liability and the nature and extent of plaintiff's injuries.

Settlement Discussions

Plaintiff demanded $250,000.

Damages

$45,000 ($12,000 paid)

Injuries

Plaintiff sustained a full thickness rupture of his right Achilles tendon and torn ligaments in his right leg. He was treating for an Achilles tendon injury at the time of the accident.

Result

The case settled for $245,000.


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