Confidential
Settlement – $295,000Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
John D. Hourihan
(Stratman & Williams-Abrego)
Experts
Plaintiff
Takeshi Okai
(medical)
Robert D. Ansel
(medical)
Arnold R. Rabin
(medical)
Eugene Yano
(technical)
Defendant
Alan D. Shonkoff
(medical)
William F. Hoyt
(medical)
Facts
On the afternoon of Dec. 13, 2002, plaintiff Chiharu Yuki, a 33-year-old student, was walking up Howard Street
in San Francisco. As she was crossing to 11th Street, she was hit by a delivery van. The van was driven by
defendant William Frank Miller and was traveling at about 5 to 10 mph.
The plaintiff sued Miller and his employer Lynn Lac, individually and as the owner of United Thread & Supply
Company. She alleged negligent operation of a vehicle and vicarious liability.
Injuries
The plaintiff believed she lost consciousness. The plaintiff was diagnosed with a left subarachnoid hemorrhage, left parietal subdural hematoma, and subgaleal hematoma. After her discharge, she continued to have persistent headaches, memory and speech problems, and double vision. Examinations by plaintiff's experts confirmed that even after the bleeding in her skull healed, the plaintiff still suffered from right fourth cranial nerve palsy secondary to head trauma resulting in vertical diplopia (she was partially unable to focus her right eye). She also continued to complain of pain and tightness in her left side of her body. The plaintiff sought $25,000 for medical expenses and unspecified damages for past and future pain and suffering. The defendants argued that the plaintiff was not entitled to damages for future pain and suffering because she was recovering rapidly from the double vision and headaches. Their expert neuro-ophthalmologist testified at his deposition that based on the tests, the plaintiff had a slight deviation in her ocular capability, but it was not permanent.
Result
The parties settled for $295,000.
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