Facts

On Jan. 25, 2006, at about 6:45 p.m., plaintiff John Hustwick, a 68-year-old retiree, was walking in Laguna Beach. As he approached the corner of Pacific Coast Highway and Pearl Street, he pressed the pedestrian crossing button. The intersection at Pearl and PCH is controlled with flashing lights embedded in the roadway and a sign over the intersection that indicates to oncoming traffic that a pedestrian will be using the crosswalk. After pressing the crosswalk button, and while the embedded lights were flashing, the plaintiff began to cross PCH in the marked crosswalk. Plaintiff was struck by a Ford Econoline van driven by defendant, who for unknown reasons failed to stop at the crosswalk limit line.

The plaintiff's wife claimed loss of consortium.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was traveling at least 30-35 mph at the point of impact, and the collision sent the plaintiff tumbling onto the hood of the van and eventually slamming onto the asphalt 15-20 feet down the road.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was not properly crossing within the confines of the crosswalk at the time the incident occurred; and that the "flashing lights" that controlled the particular crosswalk were not illuminated at the time of the incident. The defendant also contended that plaintiff was in a state of intoxication at the time of injury that impaired his judgment. The defendant further contended that plaintiff was not attentive and would bear significant comparative negligence at the time of the incident.

Settlement Discussions

The plaintiff demanded $5 million. The defendant made no offer prior to mediation.

Specials in Evidence

$638,062 $200,000

Injuries

The plaintiff suffered multiple injuries to head and facial structures, cervical injury, splenic rupture/fracture requiring spleen removal, intra-abdominal hemorrhage, multiple injuries to abdominal area, diaphragmatic tear, ruptured pericardium, three left transverse process fracture, lumbar spine injury to L1-2, widening of the C7-T1 inter space, multiple extremity injuries including left elbow fracture and left knee dislocation, post traumatic tear of the left popliteal artery, atrial arrhythmia, and blood loss resulting in anemia. The plaintiffs contended that John Hustwick had closed injury symptoms.

Result

The case settled for $3.4 million after two mediation sessions. The second session was in front of Justice John Trotter at JAMS.

Other Information

The plaintiff was able to establish through expert testimony and medical depositions that defendant had significant cataract eyesight problems on the night of the incident. The defendant had been recommended to correct such issues prior to the incident. These issues would cause blurry vision, which were especially prominent at nighttime, when the incident occurred. In fact, the defendant had cataract surgery within six months post-incident.