Confidential
Settlement – $2,100,000Court
Orange Superior
Attorneys
Plaintiff
Richard A. Cohn
(Aitken Aitken Cohn)
Defendant
Jay S. McClaugherty
(McClaugherty & Associates)
Experts
Plaintiff
Catherine M. Graves MBA
(technical)
Wayne H. Lancaster
(technical)
Facts
The plaintiff, an 81-year-old female, was walking from her apartment to South Coast Plaza in Orange County to meet some friends for coffee. As she stepped off the northwest corner at the intersection of Bear and South Coast Drive, the defendant Jennifer Prairie was making a left turn. The defendant failed to notice the plaintiff stepping off the curb and proceeded to make a right turn, striking the plaintiff and causing her to fall and hit her head.
Settlement Discussions
The plaintiff demanded $3 million; the defendant offered $1 million. The case settled for $2.1 before mediator Jack Daniels.
Specials in Evidence
$234,823 None $393,280
Injuries
The plaintiff complained of pain to her wrist and head and was taken to Coastal Community Hospital where she was examined and released. The next day, she experienced seizure-like symptoms and was taken urgently to Western Medical Center where it was discovered that she had an acute subdural hematoma. The plaintiff was operated on to evacuate an intracranial hematoma. Subsequently, she was admitted to Tustin Rehabilitation Hospital for rehabilitation. As a result of the accident, the plaintiff suffered permanent traumatic brain injuries and experienced problems with impaired cognition and speech and impaired endurance.
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