Confidential
Settlement – $1,050,000Court
Santa Cruz Superior
Attorneys
Plaintiff
Paul P. Burdick
(ADR Services)
Defendant
Matthew S. Conant
(ADR Services Inc.)
Experts
Plaintiff
Jill Winegardner
(medical)
Marshall Sylvan
(technical)
Howard S. Schwartz
(medical)
Robert P. Quinn M.D.
(medical)
Carol R. Hyland M.A.
(technical)
James D. Weiss
(medical)
Defendant
William D. Hooker
(technical)
Curl P. Comslock
(medical)
Ronald W. Morrell
(technical)
Kirk A. Blackerby
(technical)
Facts
On March 5, 2002, at 3:15 p.m., the plaintiff, Ramona Martinez, a 47-year-old employee of the Watsonville branch of the U.S. Post Office, was jogging on the west sidewalk of Freedom Boulevard, proceeding in a northbound direction. Doris DeWeese, then engaged in the course and scope of her employment for Laidlaw Transit Services, was driving a 1997 Ford passenger van eastbound on Landis Avenue, with the intention of executing a right turn to proceed southbound on Freedom Boulevard. This intersection is controlled by a posted stop sign for eastbound Landis Avenue. The plaintiff stopped at the edge of the sidewalk at the intersection as she saw the defendant's van approaching the intersection. She remained at rest at that location for a number of seconds and made eye contact with the driver of the van as the van pulled to a stop behind the limit line for the stop sign. The plaintiff then proceeded to cross the street within the marked crosswalk. The van rolled forward and slowly began its right turn when the plaintiff was directly in front of the van. The van knocked the plaintiff to the ground and slowly rolled over her. The plaintiff came to rest in the traveled portion of the number 2 lane of Freedom Boulevard.
Specials in Evidence
$173,722 reduced subsequently to $116,000 $90,750 $333,000
Damages
The future disability claim was disputed by the defendants as the plaintiff's inability to work was predicated on her post-traumatic stress disorder. All orthopedic injuries had resolved with no functional deficits.
Injuries
The plaintiff suffered multiple rib fractures with pneumothorax requiring five days of hospitalization, intubation and insertion of a chest tube; fractured pelvis, fractured right thumb, displaced bimalleolar fracture of the right ankle requiring open reduction and internal fixation with plating, concussion and post-traumatic stress disorder.
Other Information
The case was settled at a mediation with retired Judge Peter G. Stone for $1,050,000 ($1 million to Ramona Martinez and $50,000 to Jimmie Martinez for loss of consortium)
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