Confidential
Settlement – $9,500,000Judge
Court
Alameda Superior
Attorneys
Plaintiff
Richard H. Schoenberger
(Walkup, Melodia, Kelly & Schoenberger)
Defendant
Facts
Plaintiff was riding his bicycle in the rear of a pack of ten other bicyclists who were traveling along a two-lane country road at approximately 12 mph. While on the road, the front tire on plaintiff's bicycle fell into the space between the bars on a storm drain grate. The plaintiff was thrown forward from his bicycle and landed on his head and broke his neck. About nine months prior to plaintiff's incident, another bicyclist was injured when the rear tire became caught in the same slot of the grate and the matter was reported to the county public works department. A maintenance crew was sent to repair the problem but they lcoated the wrong grate and did not make the repair to the grate that caused plaintiff's injuries.
Settlement Discussions
At mediation, plaintiff demanded $11.5 million which was the total of defendant's insurance coverage, plus a one million dollar retention. At the end of the mediation, defendant offered $6 million and plaintiff counter-offered with $10 million. The parties had agreed to keep the counter-offer open for two weeks. At the end of the two week period, the case settled for $9,500.
Injuries
The plaintiff fractured C3-4 and was rendered a quadriplegic. He has some useful strength in the lower extremities but limited balance. He can walk very limited distances with a gait belt and he can perform some transfers with the use of his leg strength but has little use of his arms with very little mobility in his shoulder joints. He has impaired bowel, bladder and sexual function and must be assisted with the tasks of daily living.
Other Information
Mediation was held one day before Judge Coleman Fannin, (JAMS).
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