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
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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