Facts

Plaintiff (a teenager) was a passenger in his friend's vehicle (defendant) when it collided in an intersection in San Francisco with another vehicle. Plaintiff was not wearing a seat belt at the time of the accident and was thrown out the window of the car and landed on the roadway.

Plaintiff sued his friend, the driver.

A witness testified in the case favorably for the plaintiff that defendant Hansson ran the red light and caused the crash.

PLAINTIFF'S CONTENTIONS:
Defendant Hansson was mostly at fault, and had a duty to ensure all passengers were seat-belted in his car at all times and did not.

DEFENDANT'S CONTENTIONS:
Defendant Hansson contended that plaintiff was not seat-belted at the time of the accident and sustained all of his injuries due to that. Defendant claimed that plaintiff had a significant percentage of comparative negligence for driving without a seat belt on, which led to the gravity of his injuries. Defendant also contended that plaintiff and defendant Hansson were good friends and that a jury would take that in to account in reducing any award the plaintiff recovered.

Defendant also contended that plaintiff testified in his own deposition that he resumed normal activity in the first year post accident, including playing college level football, traveling abroad, and that plaintiff re-injured the same parts of his body in two subsequent accidents (a snow boarding accident and a football tackling accident) and suffered similar injuries in them and disputed any residuals and claimed medical specials beyond one year after the car accident at issue.

Defendant disputed that plaintiff sustained any kind of Mild Traumatic Brain Injury or any kind of residual permanent cognitive impairment. Defendant pointed to plaintiff's academic records which showed no adverse performance or grades post accident.

Damages

Plaintiff claimed medical specials of approximately $30,000, with no wage loss claim. Defense sought HANIF/NISHIHAMA reductions of medical specials.

Injuries

Plaintiff alleged that he suffered loss of consciousness, required stitches for facial lacerations, suffered a concussion, and was diagnosed with a head injury with one year of residual cognitive effects/impairment, which resolved. Plaintiff was an unemployed teenager at the time of the accident and had no wage loss claim. He had some minor facial scaring from the accident. Defendant Hansson cross-claimed against the other driver claiming she, and not he, ran the red light.

Result

Settlement, $87,500.

Other Information

Plaintiff conceded comparative fault as well as reductions of medical specials in the mediation conference. Case settled in settlement conference between counsel.