Facts

Patricia Scherwin was riding her motorcycle when she was clipped by a vehicle operated by Bennett Glotzer as she was crossing an intersection. Glotzer was making a left turn from the opposite direction of Scherwin's travel. Scherwin lost control of her motorcycle, which came down on her right leg. She claimed injuries as a result thereof and sued Glotzer for negligence.

PLAINTIFF'S CONTENTION: Plaintiff contended that defendant was driving inattentively and failed to yield to oncoming traffic.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff had enough time to avoid the collision and was not paying attention as she entered the intersection. Defendant further contended that Plaintiff was comparatively at fault for the accident.

Damages

Scherwin missed four months of work and could no longer walk distances, ride her motorcycle, or ski. She sought approximately $275,000 in past medical costs and $20,000 in past loss of earnings. She also sought an unspecified amount for future medical costs and past and future pain and suffering.

Injuries

Scherwin claimed injuries to her right knee and hip. She claimed she sustained a meniscal tear on her right knee, which she treated with physical therapy. She underwent surgery on the knee and the knee was ultimately diagnosed as a "bone on bone" condition. She underwent a total right knee replacement eight months following the accident. The accident also exacerbated her pre-existing right hip condition. Glotzer claimed that all of Scherwin's injuries were pre-existing and were not caused or worsened by the accident.

Result

The parties settled for $435,000.

Other Information

INSURER: Mercury Insurance insured Bennett Glotzer.