Facts

Plaintiff Anthony Kessler, 50, suffered from Klinefelter's Syndrome and schizophrenia. He was hit by defendant Shelly Turley's car on April 8, 2005 while walking on a sidewalk on Jefferson Street in Napa. The defendant had to drive over the sidewalk to exit the driveway of a strip mall, where she had been shopping.

The plaintiff sued defendant for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant negligently struck him with her car, injuring his left knee.

DEFENDANT'S CONTENTIONS:
The defendant contended she was driving very slowly, but the sun blinded her, making it impossible to see plaintiff. Further, plaintiff was sometimes delusional and was not aware of his surroundings, contributing to his own injury.

Specials in Evidence

$86,764 paid by Medicare, which had a $37,696 lien. Approximately $67,800.

Damages

The plaintiff sought damages for pain and suffering.

Injuries

According to defense counsel, plaintiff suffered a complex, comminuted tibial plateau fracture with resultant and residual tibial plateau depression, with displaced fracture fragments requiring surgery, fixation, and reduction. Plaintiff's surgery involved internal fixation and bone grafting, as well as repair of the ligaments. The plaintiff's surgeon opined that significant post-traumatic arthritis subsequently set in, with development of significant crepitus (grating) in the joint and atrophy of the thigh muscle. Given the plaintiff's age, the treating surgeon was of the opinion that one, perhaps two additional knee surgeries would be necessary in the future.

Result

The parties reached a $285,000 settlement paid by defendant's insurer to a special needs fund so plaintiff could keep his supplemental security income.

Other Information

Insurer: State Farm Insurance Co. for Turley.