Facts

On July 12, 2013, plaintiff Glenn Shea, a contractor, was working as a validation engineer for Novartis , in Emeryville. At the time, defendant driver, who was operating a liquid nitrogen truck in the course and scope of his employment with [REDACTED], was on 53rd St. and made a left turn onto Hollis when a collision with Shea occurred.

Plaintiff sued defendant driver and his employer.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he entered the intersection at Hollis St., with a white light indicating pedestrians could cross the street. When defendant driver turned onto Hollis, the truck partially entered the opposite left lane of travel. Defendant driver did not see Shea, and defendant's truck impacted Shea near the double yellow line in the middle of the intersection.

Shea claimed that he was on the northeast corner of the intersection, and a witness, who was on northwest corner of the intersection (the opposite side of the street as Shea), both said Shea entered on the northeast corner and entered the street in the crosswalk on the white light.

Plaintiffs contended defendants relied on a witness who was over 350 feet north of the intersection.

DEFENDANT'S CONTENTIONS:
Defendants denied they were negligent. The parties also disputed where Shea came from prior to entering the intersection.

Defense witness testified that Shea entered outside the crosswalk from the northwest side. Defendants' witness was about 250 feet from the intersection and saw plaintiff run across the street into the path of the truck.

Injuries

Shea claimed a subdural hemorrhage to the left frontal lobe and multiple occult facial fractures, a right pneumothorax/hemothorax with multiple right-sided rib fractures and a flail segment, a right anterior shoulder dislocation, a right clavicle fracture, an extensive hemorrhage and hematoma of approximately 2/3 of his liver, a right kidney laceration, multiple transverse process fractures within lumbar and sacral spine, multiple complex pelvic fractures, a right sacroiliac joint dislocation, a large pelvic hematoma, an extensive Morel-Lavallee lesion to right hip (internal degloving), external degloving injury to his right forearm with age-indeterminate epicondyle fracture, a left ankle bimalleolar fracture, a left distal metatarsal fracture of the 5th metatarsal and a traumatic brain injury. Shea claimed he required ten surgeries, and has significant scarring over his body due to the impact, degloving injuries to hip and arm, and the ten surgeries. In addition to the dispute over liability, the parties also disputed the current nature and extent of Shea's injuries and damages.

Result

The case settled for $10.5 million.

Other Information

FILING DATE: Dec. 27, 2013.