Confidential
Settlement – $22,600,000Court
San Francisco Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Experts
Plaintiff
Gregory D. Stephens P.E.
(technical)
Rick A. Sarkisian
(technical)
Thomas O'Laughlin
(medical)
Raymond G. Schultz
(technical)
Michelle Tipton-Burton
(medical)
Shih-Fong Hsu
(medical)
Malcolm B. Lawton
(medical)
Laura L. Liptai
(technical)
Susan R. Battle
(medical)
John Van Natta
(medical)
Carley C. Ward
(technical)
Defendant
Sharon K. Kawai M.D.
(medical)
Mark Erikson
(technical)
Mark A. Cohen
(technical)
Wilson C. Hayes
(technical)
Facts
The subject suit arises from a motor vehicle accident that occurred on May 6, 2002 at the intersection of Road 28 and Avenue 8 in an unincorporated area of Madera County. The accident occurred when an employee of Doe utility company, driving his own vehicle, ran a stop sign and hit the right front side of a van being driven by the plaintiff in the course and scope of her employment with a school district.
Settlement Discussions
The case was settled for $22,500,000 from the defendant utility company plus an additional $100,000 from the insurance company with CSAA on the defendant driver.
Specials in Evidence
$700,000 (workers' compensation intervention figure) $565,000 (per the plaintiff); $498,000 (per the defendant) $3,345,000 present value
Injuries
The plaintiff was rendered a tetraplegic ASIA - A with neurogenic bowel and bladder. She was hospitalized for one month at University Medical Center in Fresno where she had two surgeries on her neck and was transferred to Craig Hospital in Englewood, Colo. for approximately three months where she had rehabilitation. She presently received 24-hour attendant care. The defendant doctor agreed with the diagnosis but had some disagreements with the life-care plan and also gave an alternative to 24-hour attendant care through three shifts versus a live-in person at $175 per day.
Other Information
Plaintiff's present value of life care plans: $11,536,000 statistical life expectancy; $7,377,000 reduced life expectancy. Defendant's present value of life care plans: $3,345,000 using a qualified annuity for life. The case was settled before retired Judge Eugene Krum.
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