Facts

On May 24, 2011, at 12:15 p.m., plaintiff Marta Fodor, 85, was walking to her car in the parking lot of Farmers Market on 3rd Street and Fairfax. At the same time, defendant Cara Sigmund was attempting to back her Toyota SUV vehicle out of a parking space resulting in a collision with Fodor, that caused her to fall forward on her face. Plaintiff filed a suit against the defendant and Richard Sigmund, the owner of the vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was walking to her car in a reasonable manner and with due care.

Plaintiff's eyewitnesses testified that Cara rapidly accelerated out of the parking spot and contended that defendant may have been talking on her cell phone.

DEFENDANT'S CONTENTIONS:
Defendant Cara initially contended that she backed out of the parking space in a careful manner while looking behind her. Defendants ultimately admitted fault.

Injuries

There was a dispute that plaintiff suffered facial injuries and a concussion. There was also a dispute relating to plaintiff's subsequent onset of depression, anxiety and insomnia, which led to a psychological breakdown including psychotic episodes. Defendants contended that plaintiff's medical records confirmed that plaintiff had suffered similar psychotic symptoms in the 1990s and that her current symptoms were from a pre-existing condition.

Result

The parties agreed to settle for $690,000 at a Mandatory Settlement Conference. There had been concerns relating to plaintiff's overall health and her ability to endure a trial.

Other Information

FILING DATE: May 25, 2012