Facts

Jake Leonard sued Brandon Berglund and Daniel Berglund in connection with an incident that allegedly occurred on March 9, 2016.

PLAINTIFF'S CONTENTIONS: Plaintiff was crossing a crosswalk when he was struck by a vehicle operated by B. Berglund. The car was driven and owned by B. Berglund. Defendant driver was making a right turn when he struck plaintiff. Plaintiff was injured and sued defendant driver and the owner of the vehicle for negligence and vicarious liability. Defendant driver was allegedly negligent for failing to yield to a pedestrian.

DEFENDANT'S CONTENTIONS: Plaintiff was allegedly negligent for walking across the walkway just as he was making a right turn. Defendant disputed plaintiff's claimed damages.

The police report indicated plaintiff may have been contributorily negligent by entering the cross walk with a flashing red signal.

Damages

Leonard sought $10,000 in lost earnings as well as medical expenses and past and future pain and suffering in amounts not disclosed. Plaintiff's discovery responses claimed about $12,000 in past medical damages, $10,000 in loss earning, and $4,000 in out of pocket expenses for a total of about $26,000 in special damages.

Injuries

Leonard fractured his right knee and had to wear a leg brace for a couple of months, during which time, he underwent physical therapy. Wearing the brace limited his ability to enjoy physical activities and, after its removal, he was left with pain.

Result

The parties reached a $57,500 settlement prior to trial.