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CONFIDENTIAL

Jul. 9, 2005

Personal Injury
Bus v. Bicycle
Negligence

Confidential

Settlement –  $4,500,000

Court

San Francisco Superior


Attorneys

Plaintiff

Brian P. Evans


Defendant

Melissa Wood Eisenberg

Michael B. Lawler


Experts

Plaintiff

Rudy Degger
(technical)

Defendant

Janet H. Jhoun
(technical)

Ted M. Kobayashi
(technical)

Facts

According to the plaintiff: The plaintiff, a 45-year-old surgical nurse, was traveling by bicycle on Columbus Avenue in San Francisco when the defendant bus driver passed her. He pulled to the right and squeezed her into a parked SUV causing her to fall with the bus wheels rolling over her rear bicycle wheel while on top of the plaintiff. The defendant bus driver was not wearing his required corrective lenses and was not aware of the impact.

Settlement Discussions

The case settled at mediation at $4.5 million before retired Judge Gene McDonald of JAMS.

Specials in Evidence

$880,000 $100,000

Damages

In addition to the medical specials and wage loss incurred, the plaintiff testified that she may never be able to return to her career as a surgical nurse. The future wage loss claim would have potentially exceeded $2 million.

Injuries

The plaintiff was hospitalized for three months following the accident and treated for her injuries which included a closed rectum injury, avulsion wounds of the trunk and buttocks, a fractured pelvis, and closed fractures of the sacrum/coccyx, lumbar vertebra, and rib.


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