Confidential
Settlement – $299,999Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Facts
Kyle Chidester, 19, was a passenger in a 1987 Honda Accord driven by his friend, Chris Murphy. The vehicle's owner was Murphy's grandmother, Theresa Coleiro. While traveling southbound on the I-280 in Cupertino at 50 mph, the Honda began to hydroplane as a result of rain. It crossed all four lanes of traffic and collided with the concrete center wall. The Honda sustained major damage. As a result of the impact, Chidester's head partially went through the front window. Chidester sued Murphy and Coleiro for vehicular negligence.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $299,999. The defendant offered nothing.
Specials in Evidence
$50,327
Injuries
The plaintiff suffered from closed head injuries, a facial laceration, knee contusion and lagophthalmos. Due to loss of tissue on his face, there was difficulty closing a wound over his upper left eyelid and a scar resulted. Surgery was performed to reconstruct his eyelid using post auricular full thickness skin grafts. The area around the plaintiffs eye remains swollen and scarred.
Result
$299,999 settlement
Other Information
Arbitrator John Till found Murphy 60 percent negligent and Chidester 40 percent negligent for not wearing his seat belt.
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