Facts

On June 14, 2006, in San Francisco, a conversation involving Delbert Hodges, a pedestrian, and Patrick Emerson, the driver of a parked Ford Mustang, turned sour. Emerson drove away at a point when Hodges was leaning into the vehicle through the front passenger window. Hodges was carried along with the vehicle and held onto the interior as it sped away. Emerson punched Hodges several times in the face as he drove away, then quickly accelerated to about 50 miles per hour, and sideswiped a parked vehicle so as to cause Hodges to separate from Emerson's vehicle and smash against the parked vehicle. Emerson fled the scene. Hodges filed an action for personal injury related to Emerson's operation of his vehicle, including claims of negligent supervision against Emerson's step-father, Kenneth T. Rose.

PLAINTIFF'S CONTENTIONS:
Hodges, who was in a coma for several months beginning immediately after the incident, believed Emerson injured him in a fit of unprovoked violence. He also contended that Rose, the owner of the Mustang, was negligent in allowing Emerson to operate it given his history of violence and vehicle infractions. Hodges sought to introduce Emerson's pattern of threats and assaultive behavior, which included attacks on family members of his girlfriend/ principal witness while the case was pending. At the time of the settlement, Emerson was incarcerated for disobeying a restraining order related to another violent incident.

DEFENDANT'S CONTENTIONS:
Emerson claimed that Hodges was in the middle of a drug deal and introduced evidence that Hodges had three prior convictions for drug trafficking and possession. Further, Emerson claimed that Hodges caused his own injuries by grabbing his girlfriend.

Settlement Discussions

A demand for $1,250,000 (policy limits) was made. An offer of $350,000 was returned.

Damages

The plaintiff claimed that Hodges injuries resulted in a $1.7 million expense, Medi-Cal paid $276,000 of that amount.

Injuries

Hodges sustained fractures to his C6, L2, L5, fibula, malleolus, metacarpal, nose, pelvis, ribs, sacrum, tibia, vertebra and zygomatic arch. He also suffered from a collapsed lung, coma, depression, hematoma, impotence, kidney lacerations, leg shortening, a liver laceration, open reduction, a penis injury, ruptured bladder, and visceral lacerations.

Result

Following mediation, a settlement amounting to $350,000 was reached.

Other Information

Emerson's insurer was Allstate Insurance Co.