Facts

On Aug. 25, 2015, at 5:51 p.m., plaintiff Jakob Schardt, 81, was crossing the street in the marked crosswalk along the north side of the intersection of Cerritos Ave. and Gilberts St. when he was struck defendant Patrick John Reich.

PLAINTIFF'S CONTENTIONS:
Plaintiff was crossing on a green traffic signal when suddenly and without warning he was struck by a White 2006 Toyota Prius driven by defendant. The force of the impact caused plaintiff to be thrown in the air and land on the hood of defendant's vehicle, he then fell off the hood and landed on the roadway sustaining severe and substantial injuries.

Plaintiff claimed that defendant was negligent in the operation of his vehicle by failing to yield to the right-of-way of a pedestrian crossing the roadway within a marked crosswalk.

Injuries

Jakob sustained a supracondylar fracture of his left humerus and a fracture of his left tibia requiring surgery. He also suffered a left arm fracture of his left arm requiring surgery, two fractures in his ribs and a back fracture requiring him to wear a back brace. His hearing aids were also damaged by the collision. Paid medical reimbursements totaled $63,897. Plaintiff Katharina Schardt maintained a claim for loss of consortium.

Result

The case settled for $250,000, which included $50,000 in policy limits of defendant, Esurance, and $200,000 inpolicy limits of plaintiff's UIM, Mercury.

Other Information

Defendant's Insurance Esurance settled for $50,000 on Nov. 18, 2015. Plaintiff's UIM Mercury settled for $200,000 on Feb. 29, 2016.