Facts

On Dec. 1, 2007, at approximately 4:15 p.m., plaintiff Hayley Parlen, a 33-year-old Yoga instructor, was walking eastbound in the crosswalk on a green light, crossing San Pablo Avenue in Berkeley. At this time, defendant Karen Benson, who was driving west on Cedar Street, turned left into the southbound number one lane of San Pablo Avenue and struck plaintiff in the right knee area. The sun was setting and caused defendant difficulty in seeing through the intersection/crosswalk.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was in the crosswalk on a green light and had the right of way. Plaintiff also claimed that defendant was inattentive. Plaintiff alleged that defendant admitted to plaintiff after the accident that the sun was in her eyes and she did not see plaintiff in the intersection.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability.

Settlement Discussions

Prior to the meniscus transplant surgery, plaintiff demanded $500,000 (policy limits). The insurance company offered $225,000.

Injuries

Plaintiff sustained a fracture to the right lateral tibial plateau and also sustained a fracture in her left wrist involving the scaphoid bone. Surgery was performed on the right knee on Dec. 2, 2007. Numerous screws and a plate were inserted to stabilize the fracture. Her left wrist was operated on toward the end of December 2007. Plaintiff had a long recovery period and, in October 2008, an arthroscopy was performed and the hardware was removed. Plaintiff continued having pain, soreness and restrictive movement in the right knee, which caused both difficulty in walking and it reduced her capacity to teach/work as a Yoga instructor. A meniscus transplant surgery was done in 2009, following which a serious wound infection developed and the meniscus transplant, obtained from a cadaver, had to be removed. Plaintiff had major complications from the infection following meniscus transplant surgery. She is scheduled for a repeat meniscus transplant surgery in the fall of 2010.

Result

The case settled for $500,000 (policy limits) following acceptance of a 998 offer after complications developed following the meniscus transplant surgery.

Other Information

INSURER: USAA Casualty Insurance Company insured Karen Benson.