Nain Delgado v. Rebeccah Baird
Published: Sep. 21, 2013 | Result Date: May 20, 2013 | Filing Date: Jan. 1, 1900 |Settlement – $2,100,000
Court
Case Not Filed
Attorneys
Plaintiff
Scott J. Corwin
(Scott J. Corwin APLC)
Defendant
Experts
Defendant
John T. Dunn M.D.
(medical)
Stephen L.G. Rothman M.D.
(medical)
Barry I. Ludwig M.D.
(medical)
Facts
On May 15, 2012, plaintiff Nain Delgado, 34-year-old shipping clerk, was driving his 2008 Suzuki motorcycle northbound on San Fernando and entered the intersection at Central Avenue in Glendale, when defendant Rebeccah Baird driving a 2005 Ford Focus eastbound on Central Avenue ran a red light causing the collision. Plaintiff was ejected from his motorcycle and landed on the ground.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was negligent in the operation of her vehicle and that all of plaintiff's claimed injuries were a direct result of said negligence.
DEFENDANT'S CONTENTIONS:
Defendant accepted liability but disputed the nature and extent of plaintiff's claimed injuries.
Specials in Evidence
$103,945 $28,555 $3,154,087
Injuries
Plaintiff sustained a right acromioclavicular joint separation, left distal radius fracture with dislocation, bifrontal hemorrhagic contusion, comminuted fracture of posterior left maxillary sinus, bilateral rib fractures and non-displaced sternal fracture. Plaintiff underwent a stabilization surgery of the right shoulder AC separation with cadaver allograft performed and received several months of physical therapy. Plaintiff claimed a moderate traumatic brain injury and received neurological and neuropsychological counseling and testing. MRI studies of the brain revealed left frontal lobe post-traumatic encepholomalacia measuring 2 centimeter and hemorrhagic contusions documenting the injuries. Plaintiff claimed significant future medical care including medication and assistance with activities of daily living in the future. Plaintiff's traumatic brain injury presented with behavioral and cognitive problems for plaintiff. Plaintiff presented a future life care plan of $3,154,087.
Result
The case settled for $2.1 million (policy limits) within 60 days after plaintiff formally demanded the policy limits.
Other Information
INSURER: State Farm Insurance.
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