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Personal Injury
Auto v. Pedestrian
Negligence

Tyson Sandoval v. Rosa Montoya, et al.

Published: Oct. 18, 2014 | Result Date: Apr. 11, 2013 | Filing Date: Jan. 1, 1900 |

Settlement –  $105,000

Court

Case Not Filed


Attorneys

Plaintiff

Joseph R. Wilbert


Facts

On Nov. 9, 2012, claimant Tyson Sandoval was stopping by his girlfriend's house on Ramona Ave. in Chino Hills. He parked his car on the right side of the road and exited his vehicle to the left, when defendant Rosa Montoya, MetLife's insured, struck him with her vehicle.

Contentions

CLAIMANT'S CONTENTIONS:
Plaintiff claimed Montoya was traveling at 35 mph when she struck claimant. Plaintiff claimed there were no obstacles or sight obstructions, which would have impaired Montoya's view of claimant. Plaintiff contended there were no crosswalks in the vicinity of the accident, so it was lawful and appropriate for claimant to cross the street at the accident location.

Specials in Evidence

$75,467 $7,665

Injuries

Sandoval, 32, claimed he suffered multiple major injuries and lost consciousness. He claimed direct trauma to his head and was taken by ambulance to a location where he was airlifted to Loma Linda Hospital. Sandoval claimed he suffered a deep laceration all the way across his forehead at the level of the eyebrows. He also claimed he sustained a fracture to his cheekbone, left wrist, and trauma to both knees.

Result

Third party liability claim settled for $100,000 policy limits plus $5,000 med pay limits with Metropolitan Direct Property and Casualty Insurance Company.


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