Facts

On Dec. 25, 2015, plaintiff Patricio De La Paz, 93, was driving his pickup truck on Golden Hill Road, in Paso Robles. When he entered the intersection with state route 46, he was struck by a Chevrolet Tahoe sport utility vehicle operated by defendant Ashok Jayaraman, who was westbound on SR-46.

The case was originally filed in San Luis Obispo County, but it was ultimately transferred to federal court on the grounds of diversity citizenship.

PLAINTIFF'S CONTENTIONS: De La Paz alleged that Jayaraman was negligent in the operation of his vehicle. De La Paz claimed that Jayaraman ran a red light, causing the crash.

DEFENDANT'S CONTENTIONS: Jayaraman did not dispute liability for the accident.

Insurer

Empire Fire and Marine Insurance Cos. for Ashok Kumar Jayaraman.

Specials in Evidence

De La Paz's medical bills were mostly covered by Medicare, which asserted a lien of$50,815.

Injuries

De La Paz suffered a fractured right femur, a fractured rib, a punctured lung, a T7 vertebral fracture, and a left heel fracture. He was subsequently taken from the scene of the collision to a hospital, where he underwent surgery to repair his broken femur the day after the collision. De La Paz remained hospitalized for a week and was then transferred to a skilled nursing facility for eight weeks. Defense contended that De La Paz made a good recovery from his injuries, and that De La Paz had pre-existing conditions, including a right knee replacement, a fractured left ankle, and diabetes. Defense asserted that De La Paz's life expectancy was not shortened by the injuries sustained in the collision. Defense asserted that De La Paz has a life expectancy of about four to five years, at most.

Result

The parties agreed to a $675,000 settlement, which was paid by Jayaraman's insurer. Defense counsel noted that a large portion of the settlement was structured to assure that De La Paz's wife, who was younger than he, had means of support in the future.