Confidential
Settlement – $110,000Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gary M. Hesler
(technical)
Mark Rotar
(medical)
Defendant
David Chittenden
(medical)
J. Michael Stephenson
(technical)
Facts
On Feb. 13, 1995, the plaintiff, a 36-year-old bike messenger, was riding his bike for his employer, headed north on Kearny at its intersection with Pine. The defendant was driving his car west on Pine. The vehicles collided in the intersection of Kearny and Pine. The plaintiff contended that the defendant was speeding, which was supported by other witnesses testimony. The plaintiff also contended that he entered on the green light. The plaintiff claimed that even if he entered on the red light, his injuries were made more severe by the defendant's excessive speed. The defendant claimed that the plaintiff was primarily at fault for the accident as he crossed on a red light. The defendant contended he entered on a yellow light. The defendant also claimed, and an independent eyewitness supported, that the plaintiff did not look for traffic before entering the intersection. Defendant further contended that according to another eyewitness, the defendant entered the intersection on a yellow light. The plaintiff alleged that both parties' experts agreed that if the defendant entered on the yellow light, the plaintiff had to have entered on the red due to the relative speeds of the bike and car. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$36,551 approximately $10,000
Injuries
The plaintiff claimed he suffered multiple injuries including four fractured ribs, a lacerated spleen and facial lacerations.
Other Information
The plaintiff's counsel substituted into this case after discovery was closed. The plaintiff's two prior attorneys withdrew from the case due to perceived liability problems.
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