Confidential
Settlement – $800,000Judge
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
Facts
On March 20, 1995, the plaintiff, a 32-year-old dental assistant, was driving home from her job on a rainy afternoon when a beer truck, which was allegedly driven too fast for the road conditions by the defendant driver, suddenly careened across the dividing yellow lines on Highway 1 at Moss Landing. The beer truck came directly into the plaintiff's path, blocking her way. The plaintiff could not avoid a collision and the beer truck smashed into her vehicle, dragging her car off the road and causing her devastating and life threatening injuries. The plaintiff had to be pried out of her car by the "Jaws of Life" device. As a result of the accident, the plaintiff was hospitalized for 11 days and underwent over seven hours of surgery. The plaintiffs brought this action against the defendants, the driver, the truck rental company and the beer distributing company, based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$93,135 plus miscellaneous expenses equaling over $40,000 $42,000
Injuries
The plaintiff was diagnosed as suffering comminuted and segmental fractures of the left femur, a fracture of the right femur, a comminuted open fracture of the right patella, a fracture of the right medial tibial plateau, a fracture of the left pelvis and a fracture of the right proximal ulna. The plaintiff also suffered severe lacerations of the forehead and the loss of one or two upper front teeth and resulting trauma to other adjacent teeth.
Other Information
The settlement was reached approximately one year and five months after the case was filed. MEDIATION: A mediation was held before Bruce Edward of JAMS/Endispute. It did not resolve the matter, but brought the parties much closer together in terms of the ultimate settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390