Facts

On June 15, 2005, the defendant in a parking lot struck plaintiff Felix Castro, 85, when the defendant lost control of his vehicle while attempting to reposition his car when parking.

The defendant admitted liability.

Settlement Discussions

Prior to mediation, the plaintiff demanded $1.5 million (policy limits); the defendant made no offer. The defendant had sub rosa films on plaintiff showing plaintiff walking without the use of his cane.

Specials in Evidence

$304,242.

Injuries

The plaintiff suffered multiple lacerations, abrasions, and a fracture of the tibia and fracture of the right wrist. The plaintiff claimed that he had extreme difficulty ambulating and requires the use of a cane most of the time. The defendant claimed that the plaintiff suffered serious injuries but made a good recovery and could walk well without the use of a cane.

Result

Settlement, $1 million.