Facts

Hiram Estrada, a 32-year old lead painter for Tesla, was out celebrating at a nightclub with his life partner when they got into an argument at about 1:00 a.m. and he left the club, intending to walk home on foot. In route, he began causing disturbances in the neighborhoods through which he passed and several people called the county sheriff's office, which sent out a young deputy to find him and quell the disturbances. While looking, the deputy did not notice Hiram run across the street directly in front of his vehicle. His dashboard camera caught the collision. Suit was brought by Hiram's brother as his guardian ad litem against the deputy's employer, the County of San Joaquin, and the City of Lathrop, which owned and controlled the intersection where the collision occurred.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Deputy Hernandez's negligent operation of his vehicle caused the collision that injured Hiram. Plaintiff further contended that the intersection where the collision occurred was poorly marked and poorly lighted, creating a trap for both driver and pedestrian in that a driver would not readily recognize the unmarked crosswalk in which Hiram was running.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions. The City brought a motion for summary judgment, which was denied.

Injuries

Hiram Estrada suffered a cerebral edema with midline shift, left frontal subdural hematoma, a subarachnoid hemorrhage, and an intercranial hemorrhage that resulted in brain damage. Estrada also claimed communicaation and behavioral defects as well as cognitive impairment. Estrada also had a fractured right pubic ramus, left clavicle displacement and fractured acetabular wall.

Result

The parties settled the claims for $4,250,000.