Confidential

Facts

On Dec. 3, 2015, at 8:45 a.m., plaintiff Jane Doe was driving westbound on Jensen Ave. in the number one lane at the intersection of Temperance Ave. in Fresno. Plaintiff was traveling at approximately 60 mph. Defendant driver, in the course and scope of his employment, was driving a 2000 Chevy 3500 truck owned by his employer, and was proceeding eastbound on Jensen. Defendant driver entered the left hand turn lane at the intersection of Jensen and Temperance and immediately made a left hand turn toward northbound Temperance in front of plaintiff. The right side of his truck collided with the front of plaintiff's vehicle.

PLAINTIFF'S CONTENTIONS: Plaintiff was wearing the available passenger restraints. Plaintiff claimed that defendant driver was 100 percent liable.

DEFENDANTS' CONTENTIONS: Defendant disputed the extent of plaintiff's injuries.

Settlement Discussions

Plaintiff made a CCP 998 demand of $3,330,000. Defendant offered $660,000.

Specials in Evidence

Meds: $455,309

Injuries

Plaintiff, 59, a part time childcare giver, immediately began to experience a sharp pain to her right distal tibia and right femur area. She was transported from the accident scene by ambulance to the emergency room at Community Regional Medical Center. Plaintiff was diagnosed with three fractures of her right leg, a closed displaced comminuted fracture of the right femur near the hip, a closed fracture of the right tibia/fibula near the knee, and a closed fracture of the tibia/fibula near the right ankle. Dr. Eric Pagenkopf, an orthopedic surgeon, performed an open reduction and internal fixation of the right femur with intramedullary nailing that went across both fractures lines and stabilized the tibia. On Dec. 10, 2015, Dr. Pagenkopf removed the external fixator in her tibia and performed an open reduction internal fixation of the distal tibia. Plaintiff remains limited in mobility due to her injuries and has been unable to return to employment.

Result

The case settled for $1 million.