Facts

Alexandra Guerra was crossing an intersection when a sport utility vehicle being driven by Anthony Charvet, struck her as he attempted to make a left turn on the intersection. She was halfway between the curb and the centerline of the crosswalk, when Charvet struck her and knocked her down to the ground. Guerra was injured as a result thereof. She sued Charvet for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was distracted as he made his turn because he was searching for a parking spot. She further contended that defendant never applied his brakes prior to impact.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was comparatively at fault for the accident because she was walking outside of the crosswalk and failed to pay attention at the time the accident occurred. Defendant further contended that plaintiff was talking to her companion while drinking coffee as she was crossing the road, thereby contributing to her inattentiveness.

Damages

Guerra claimed $133,021.78 for past medical costs; $50,000 for future medical costs; and $7,400 for past lost earnings.

Injuries

Guerra was taken to the emergency room by ambulance. She claimed injuries to her lower back, left leg, knee, and hip. She sustained a fracture in her left leg and soft-tissue injuries to her lower back, left knee, and left hip. She underwent surgery and required extensive follow up with an orthopedic surgeon. She injected a blood thinner to reduce the risk of blood clots and also underwent physical therapy three to four times per week. She sought periodic treatment from a chiropractor and missed one month of work following the accident.

Result

The parties negotiated a $200,000 settlement with the help of a mediator. Charvet's insurance carrier tendered its policy limit of $100,000.