Confidential
Settlement – $1,000,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
David B. Shapiro
(Lewis, Brisbois, Bisgaard & Smith LLP)
Defendant
Patrick C. Quinlivan
(Tredway Lumsdaine & Doyle LLP)
James P. Zurawski
(M&Y Personal Injury Lawyers)
Experts
Plaintiff
David Imagawa
(medical)
Facts
On Aug. 30, 2002, 3-year-old Alexis Almaraz, was riding in the basket of a Rascal disabled persons vehicle with her caregiver disabled driver, Paul Dean Woodley at the controls. They were legally attempting to cross Pioneer Boulevard in Artesia, in the crosswalk on a green light. Before Woodley was able to enter the crosswalk, Larry Goodman, the defendant's employee operating a company vehicle approached the intersection intending to stop for a red light. However, instead of stopping his vehicle before the limit line of the crosswalk, he illegally encroached into the crosswalk, partially blocking the handicapped access ramp to the street. Woodley, believing that Goodman intended to remain stopped for the red light, entered the crosswalk and began to cross in front of the van. As he did so, Goodman pulled forward intending to make a right turn and struck the Rascal on the steering column. The force from the impact dislodged the basket and ejected Almaraz onto the street. As the van continued forward, its rear wheels ran over Almaraz and crushed her abdomen. Goodman acknowledged seeing Woodley before the incident. However, he believed that Woodley intended to stay at the curb as he contended that the signal light for Woodley was yellow. This fact was disputed by a reliable independent witness.
Settlement Discussions
The plaintiff demanded the policy limits of $1 million. The plaintiff settled her claim for $999,000. Woodley received $1,000 for his damaged Rascal. The plaintiff's settlement was structured over the course of her lifetime and she will receive a total net payout of close to $10 million.
Specials in Evidence
$451,138
Injuries
The plaintiff suffered a grade 4-liver laceration. She underwent surgery to repair her liver and remained hospitalized for several weeks in the pediatric intensive care unit of UCI Medical Center. The plaintiff had a good recovery but her physicians opined that she may need future surgery and may suffer life debilitating complications as a result of her injured liver.
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