Facts

On Nov. 24, 2006, plaintiff Helen Fortenback, an 86 year-old retiree, was crossing the street at the intersection of Burlingame and Lorton Avenues in Burlingame when defendant Ian Blake Thomas hit her while driving his rented Saturn automobile. Defendant, from England, was in town on business and was driving a rental from defendant Avis Rent-A-Car. He was blinded by direct sunlight as he slowly proceeded into the intersection. Plaintiff was knocked to the ground upon impact. Defendant had purchased a $1 million policy on the rental car.

Plaintiff sued defendants for negligent operation of a motor vehicle. Defendants denied liability, claiming plaintiff was negligent for walking into traffic.

Settlement Discussions

Plaintiff made a demand for $1.2 million. Defendants offered $1 million.

Specials in Evidence

According to plaintiff, past medical expenses consisted of $16,000 Medicare and $30,000 Blue Cross. According to defense counsel, plaintiff's past medical expenses were $390,780. According to defense counsel, plaintiff's future medical expenses were $215,000.

Injuries

Plaintiff sustained an open fracture of her right ankle and a tibial plateau fracture requiring a locking plate. She was transported by ambulance to Mills Peninsula Hospital from the accident scene where an orthopedic surgeon operated on her ankle and tibia. Plaintiff's ankle became unstable and permanently deformed during her rehabilitation period. She also suffered from vascular defect which resulted in her right foot turning slightly inward. This rendered her unable to flatten her right foot completely. This required a brief hospitalization in February 2007. Plaintiff was told future surgery would be required, and if that proved to be unsuccessful, a below-the-knee amputation would be required.

Result

The parties settled for the policy limits $1 million.