Confidential
Settlement – $1,400,000Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Steven S. Abern
(Haapala, Thompson & Abern, LLP)
Experts
Plaintiff
Margo Rich Ogus Ph.D.
(technical)
David Attebery
(technical)
Defendant
Bernard R. Cuzzillo
(technical)
Raymond Merala M.S.
(technical)
Roman R. Beyer
(technical)
Richard N. Stuart
(technical)
Facts
Plaintiff, a 38-year-old self-employed attorney, was struck by a pick-up truck while she was crossing the street in a marked crosswalk on a green light. A bicyclist was also struck. The truck was driven by an intoxicated driver and owned by another defendant. Defendant driver claimed his brakes failed. A police officer verified after the accident that the brakes had totally failed. Six months prior to the accident, defendant owner had brought the truck to defendant auto shop for a brake job.
Specials in Evidence
$43,000 $4,000 $1.2 million $13,000
Injuries
Minor closed head injury with residual post-concussive symptoms, including difficulty with attention, memory and concentration, post-traumatic headaches, fracture of the spinous process at L4-5, 10 fractured ribs, multiple abrasions on face and arms with minimal residual scarring. The plaintiff recovered completely from her orthopedic injuries.
Other Information
The parties participated in two mediations, one with Peter Elkind that lasted eight hours. The case was settled one week before trial during a settlement conference. The bicyclist who was also hit in the crosswalk suffered serious soft tissue injuries. His case settled for $27,000 against defendant auto shop and proceeded to trial against defendant driver and owner. The jury awarded the bicyclist $55,000, found that the brake failure was the primary cause of the accident and did not award punitive damages.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390