Facts

On Sept. 18, 2006, plaintiff Sara McClung, a 54-year-old restaurant bus person, was walking across Bell Road in Auburn on a green walk signal. As she was crossing, she was struck by a car driven by Brandon Hall who was distracted by traffic attempting to enter Highway 49. He was going around 25 mph. McClung sought to settle her claim against Hall and his parents, Richard and Miranda Hall who owned the vehicle Hall was driving at the time of the accident.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Brandon was inattentive and was negligent in his operation of the vehicle. She also alleged that Richard and Miranda Hall were vicariously liable as owners.

DEFENDANTS' CONTENTIONS:
The defendants conceded liability.

Damages

McClung's damages included $78,802 in medical expenses; $2,880 in past lost earnings; and $9,360 in future lost earnings including damages for pain and suffering. She sought a total of $300,000 which was the limit on the insurance policy.

Injuries

McClung suffered a left tibial plateau fracture and underwent open reduction surgery to repair her knee. She returned twice to the emergency room with complications. She spent 56 days in a nursing facility undergoing physical therapy for her knee. McClung claimed that her anxiety condition had worsened due to the accident. She also claimed that she had lost her job as a result of her injuries.

Result

Before the suit was filed, the parties settled for $300,000 for McClung.

Other Information

Insurer for defendants: CSAA.