Confidential
Settlement – $2,500,000Judge
Court
Madera Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
James D. Weakley
(Weakley & Arendt APC)
Experts
Plaintiff
Timothy Long
(technical)
Laura L. Liptai
(technical)
Hugo Kevorkian
(technical)
Bruce L. Ginier
(medical)
Thomas G. Schultz
(technical)
Kazuko Shem
(medical)
Roy Anderson
(technical)
Gregory D. Stephens P.E.
(technical)
John B. Edwards
(medical)
Ron Tacker
(medical)
Raymond G. Schultz
(technical)
Susan R. Battle
(medical)
Defendant
Gregory W. Sells
(technical)
Stephanie R. Rizzardi-Pearson
(technical)
Joseph T. Capell M.D.
(medical)
Thomas K. Shelton
(technical)
Richard F. Ryan
(technical)
Facts
The plaintiff, a 62-year-old school instructor, was driving a 1989 Ford Mustang westbound on Avenue 7 in the County of Madera during daylight hours. A vehicle came up quickly behind her and she moved slightly to her right and went off the pavement and felt a loud thud and came back on the road, out of control and eventually rolled over. Avenue 7 is a high speed two lane (one lane in each direction) east/west County of Madera roadway with approximate 10.5 foot wide lanes and one foot shoulders. At the area where she came back on the road, the vertical edge drop off was between 5 and 6 inches. Her reconstructed speed was 55-60 mph when she went off and came back on the pavement. It was estimated that she was off the pavement for approximately 50 feet or less than one second.
Specials in Evidence
$308,019 $29,800 $73,300 (present value)
Damages
Plaintiff Bernadine Guzman's present value losses pursuant to the health care plan range from $2,058,400 to $3,814,600.
Injuries
The plaintiff suffered a C4-7 ASIA, spinal cord injury which rendered her a tetraplegic with neurogenic bowel and bladder.
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