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CONFIDENTIAL

Jul. 15, 2003

Personal Injury
Auto v. Pedestrian
Negligence

Confidential

Settlement –  $675,000

Court

San Francisco Superior


Attorneys

Plaintiff

Thomas A. Paoli
(Paoli & Geerhart LLP)

Charles O. Geerhart


Defendant

David P. Freitas


Experts

Plaintiff

Carol R. Hyland M.A.
(technical)

Ronald M. Ruff
(medical)

Stanley Yarnell
(medical)

Robert W. Johnson CPA
(technical)

Richard N. Stuart
(technical)

Defendant

Ted M. Kobayashi
(technical)

Ronald H. Roberts Ph.D.
(medical)

James Y. Soong
(medical)

Facts

On Dec. 17, 2001, at 7:00 a.m., the plaintiff, a 74-year-old security guard, entered a crosswalk on a green light at the intersection of Potrero Avenue and 16th Street in San Francisco. At the time, it was raining. The light turned red after he crossed into the middle of the street. At this time, an eyewitness driving an SUV in the left lane of Potrero waited for the plaintiff to cross in front of his vehicle. As the plaintiff passed the SUV, he looked up and continued walking. At this point, the defendant Rector, while in the scope and course of his employment with the defendant Insite Building Design Associates was driving his employer's pickup truck in the right lane. He entered the intersection and struck the plaintiff who subsequently instituted a vehicular negligence lawsuit.

Settlement Discussions

The plaintiff settled his claim at $675,000 before retired Judge Edward Stern of JAMS.

Specials in Evidence

$153,000

Injuries

The plaintiff suffered a right pelvic fracture and a closed head injury as well as pneumonia and a myocardial infarction while he was hospitalized. He also sustained a brain injury that affected his cognitive language skills, short-term memory and higher order decision-making processes. Additionally, the plaintiff's wife was terminally ill at the time of the accident and died two months afterwards. Due to his injuries, the plaintiff was unable to look after his wife during her final months.


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