Facts

On Oct. 12, 2007, a garbage truck struck plaintiff George Chai as he walked across a street toward his parked vehicle. As a result, he was knocked unconscious. He later sued the truck driver and the two entities that owned the truck company, alleging motor vehicle negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Chai contended that he entered an intersection, which was controlled by stop signs on all sides, and that the truck driver failed to notice him although this view was clear.

DEFENDANT'S CONTENTIONS:
Defendants asserted that the truck driver could not see Chai and that Chai was comparatively negligent. Further, they contested Chai's claim that he was in the crosswalk and the technicalities of the incident because Chai did not remember the incident and no witnesses were present. In addition, the defendants argued that Chai should have noticed the truck, which was lit up, and that Chai was not observable because he wore dark clothes and was covered by an umbrella in dimly lit conditions. Lastly, the defense asserted that Chai should have heard the high level of noise and vibration from the truck.

Damages

Chai sought $1,754,033 in past medical expenses, $876,066 to $1,127,026 in future medical costs, and $381,657 in past lost earnings.

Injuries

Chai suffered a bruised leg, cognitive defects, ecchymosis, edema, a clavicle fracture, a rib fracture, a skull fracture, a frontal lobe contusion, hemiparesis, hip injury, kidney injury, lacerations, an occipital fracture, a punctured lung, subarachnoid hemorrhage, subdural hematoma, and traumatic brain injury. Chai's wife, Kwan Mee Ei, claimed loss of consortium.

Result

The parties settled.

Other Information

Lexington Insurance Co., ACE American Insurance Co., and Liberty Insurance Underwriters insured the defendants.