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Personal Injury
Auto v. Pedestrian
Negligence

Lucy W. v. Diane Urbaites Nanis

Published: Jun. 30, 2017 |

Case number: 2015-1-CV-285308 Settlement –  $4,000,000

Judge

Lynn Duryee

Court

Santa Clara Superior


Attorneys

Plaintiff

Todd P. Emanuel
(Emanuel Law Group)


Defendant

Guy D. Borges
(McNamara Ney Beatty Slattery Borges & Ambacher LLP)


Facts

Plaintiff, a 16-year-old pedestrian, was struck by defendant Diane Urbaites Nanis.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff was walking on a sidewalk in downtown Mountain View. The defendant, while attempting to parallel park her Toyota Prius, jumped the curb and lost control of her vehicle, driving onto the sidewalk, striking the plaintiff, and pinning plaintiff's body against a wall for several seconds.

Injuries

Plaintiff suffered open tibia fracture, which caused permanent disfigurement, and has required approximately 10 surgical procedures including open reduction and internal fixation and multiple debridements and grafts. She also suffered L4 and L5 transverse process fractures, and nasal fracture.

Result

The parties agreed to a $4,000,000 settlement secured by stipulated judgment, promissory note and deed of trust to defendant's Mountain View property.

Other Information

The defendant, an 80-year-old single woman, receives a life estate in her Mountain View home. Ownership of defendant's home will transfer to plaintiff upon her death. Plaintiff also receives insurance policy limits, monthly cash installments, and privately held stock.


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