Aimee Choy, Janet Grady v. Alison Kreshin, Nathan Cohen
Published: Apr. 3, 2020 | Result Date: Oct. 17, 2019 |Case number: 1900982 Settlement – $5,500,000
Court
Marin County Superior Court
Attorneys
Plaintiff
Andrew H. Meisel
(Meisel Law Group)
Donald E. Krentsa
(Meisel Law Group)
Defendant
Wilma J. Gray
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)
Cyrus A. Nazarian
(McNamara, Ney, Beatty, Slattery Borges & Ambacher LLP)
Experts
Plaintiff
Carol R. Hyland M.A.
(life care planning)
David Palestrant M.D.
(internal medicine, critical care medicine)
Rajeev Kelkar Ph.D.
(accident reconstruction)
Christopher A. Simmons M.D.
(internal medicine)
Defendant
David C. Bradshaw M.D.
(physical medicine and rehabilitation)
Steven McIntire M.D., Ph.D.
(neurology)
Miranda Van Horn R.N., BSN, CLCP
(life care planning)
Timothy A. Gillihan CPA
(forensic accounting)
Facts
Aimee Choy and Janet Grady were using a marked pedestrian crosswalk to cross from the north side of the intersection of Magnolia St. and Ward St. in Larkspur. The intersection was controlled by a traffic light and pedestrian crossing signals. Defendant Alison Kreshin was attempting to make a left turn at a green light signal to head northbound on Magnolia when she struck Choy and Grady.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Choy was extremely active and independently engaged until he suffered the injuries in the incident. Plaintiffs further contended that Choy's life expectancy was less than five years from the date of the incident. Plaintiffs also contended that Choy could only walk for a short distance with the help of an assistant to prevent plaintiffs falling due to weakness to her right side from her injuries.
DEFENDANT'S CONTENTIONS: Defendant disputed the cost of plaintiffs' assisted medical care. Defendant also contended that Choy's permanent disability was caused by an unrelated stroke that she had before the subject incident.
Specials in Evidence
$102,094.61
Injuries
Choy suffered a subdural and epidural hematoma and other traumatic brain injuries. Grady sustained a head and an elbow fracture and abrasions.
Result
The parties agreed to a $5.5 million settlement. Choy recovered $5.18 million and Grady recovered $325,000 in the settlement.
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