John R. Lai, Virginia Lai v. City and County of San Francisco, Steven E. Cadillo, and Does 1 through 30
Published: Sep. 15, 2012 | Result Date: Nov. 30, 2011 | Filing Date: Jan. 1, 1900 |Case number: CGC-10-506691 Settlement – $275,000
Court
San Francisco Superior
Attorneys
Plaintiff
B. Mark Fong
(Minami Tamaki LLP)
Defendant
Mark D. Lipton
(Office of the San Francisco City Attorney)
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Facts
On Dec. 28, 2009, John and Virginia Lai exited the driveway of a supermarket parking lot in the City of San Francisco. A San Francisco Dept. of Public Works truck driven by Steven Cadillo struck their car from behind. The Lais filed suit against the City and County of San Francisco and Cadillo, alleging negligence and loss of consortium.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Steven Cadillo, an employee of the City and County of San Francisco Dept. of Public Works, was driving while under the influence of alcohol, and drove recklessly as a result. Plaintiffs asserted that Cadillo's blood alcohol was 0.19 BAC at the time of the accident. Plaintiffs further alleged that Cadillo's actions occurred with intentional and conscious disregard for the safety of the public and plaintiffs.
Settlement Discussions
John Lai demanded $650,000, and Virginia Lai demanded $25,000.
Injuries
John Lai suffered an acute dissected thoracic aorta and cervical and lumbar sprains, which required physical therapy. Virginia Lai suffered neck strain.
Result
The parties reached a settlement amounting to $275,000.
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