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Personal Injury
Auto v. Pedestrian
Failure to Yield the Right-of-Way to a Pedestrian

Josephine Kha-Van Nguyen v. Sandy Ko, Raymond Elliott

Published: Feb. 18, 2017 | Result Date: Aug. 15, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 30-2016-00865617-CU-PA-CJC Settlement –  $3,900,000

Court

Orange Superior


Attorneys

Plaintiff

Philip J. Layfield

Borislav Kasreliovich
(Layfield & Barrett)


Defendant

Michael L. Bassett
(Bassett Discoe McMains & Kargozar)


Facts

Josephine Nguyen sued Sandy Ko and Raymond Elliott in connection with a collision between a motor vehicle and a pedestrian that allegedly occurred on Feb. 24, 2016.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was walking on a crosswalk towards a bus stop when she was struck by a vehicle operated by Ko. Plaintiff sustained injuries and sued Ko and the insurance holder for her vehicle, Elliott, for negligence and vicarious liability. Defendant allegedly failed to yield to a pedestrian, causing the accident.

Settlement Discussions

Nguyen demanded the policy limits of $5.5 million.

Injuries

Nguyen lost consciousness as a result of the impact. The impact also caused a concussion. She sustained blunt force trauma to her chest and abdomen. Consequently, she also suffered from a collapsed lung and fractures to her spine. She underwent two surgeries that left her with permanent scarring.

Result

The parties ultimately reached a $3.9 million settlement.


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