Confidential
Settlement – $1,500,000Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
Facts
Plaintiff Royce Brooks, 64, who is sight-impaired, was crossing Highway 116 at the intersection of Mill Street in Guerneville, when he was hit by a vehicle driven by defendant Gaylord Schaap. At the time of the incident, the plaintiff was completely within the crosswalk. Schaap was driving approximately 35 mph when he heard an impact and realized that he had struck a pedestrian.
Specials in Evidence
$612,000
Injuries
The plaintiff claimed he suffered multiple catastrophic injuries, including complex polyzonal fracture of his right humerus involving comminuted fracture of the midshaft and displaced comminuted three part surgical neck fracture; right proximal tibia fracture; C-6 left lateral mass fracture; T4-6 spinous fractures; right pneumothorax, scapular and clavicular fractures; and multiple rib fractures. He was hospitalized for five weeks, during which time he required ventilator support, intensive pulmonary care, multiple blood transfusions, and at one point, resuscitation. He spent five weeks in a post-acute care center. Once home, he required in-home assistance and protracted physical therapy.
Result
The parties settled for $1.5 million (policy limits) prior to the onset of litigation.
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