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Personal Injury
Truck v. Pedestrian
Negligence

Haley M. Shook v. American Reprographics, LLC, Jeffrey R. Hunter

Published: May 2, 2015 | Result Date: Feb. 19, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 37-2012-00059070-CU-PO-NC Verdict –  $425,742

Court

San Diego Superior


Attorneys

Plaintiff

Thomas D. Penfield

Robert J. Francavilla
(Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP)


Defendant

Kelly R. Elliott


Experts

Plaintiff

Richard Greenfield M.D.
(medical)

Defendant

Gregory Loren M.D.
(medical)

Facts

Haley Shook sued American Reprographics LLC and Jeffrey Hunter, in connection with a pedestrian accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was crossing the intersection of Maple Ave. and Carlsbad Blvd. in a marked crosswalk when she was struck by a delivery truck operated by defendant Hunter. Plaintiff fractured her foot and sued Hunter and his employer, defendant American Reprographics, for negligence and vicarious liability. Plaintiff accused defendant driver of passing a stopped, left-turning vehicle when the accident occurred and of failing to yield to pedestrians.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Shook allegedly demanded $150,000 in settlement. Defendants offered to settle for $100,000, then offered $110,000 on the day before trial.

Damages

Shook requested $20,142 in past medical expenses and $40,600 in future medical expenses.

Injuries

Shook underwent surgery to stabilize her bones and received months of physical therapy. However, she claimed she continued to experience discomfort, limiting her ability to run and wear high heels.

Result

The jury rendered a verdict in favor of Shook and awarded her $425,742 in damages, which included $20,142 in past medical expenses, $40,600 in future medical expenses, $65,000 in past pain and suffering, and $300,000 in future pain and suffering.

Deliberation

one hour

Length

three days


#119830

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