Facts

On Feb. 18, 2019, plaintiff, Charles Shirley, a 76-year-old retiree, was operating his motorcycle, traveling westbound on Florence Ave. in the #2 lane. Noah James Arthur Garibay, was operating a US Postal Truck while in the course and scope of his employment with the defendant, United States of America. Garibay was traveling southbound on Arrington Ave. Arrington Ave. is controlled by a stop sign. Florence Ave. does not have any traffic control devices at this intersection. Garibay violated Shirley's right of way and entered into the intersection directly in front of plaintiff's westbound motorcycle, causing the two vehicles to crash in the intersection.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant negligently violated plaintiff's right of way causing this T-Bone collision between defendant's postal truck and plaintiff's motorcycle.

DEFENDANT'S CONTENTIONS: Defense did not deny liability.

Insurer

Self

Settlement Discussions

Case was settled with the assistance of Mediator Robert Tessier, Esq.

Specials in Evidence

Meds: MediCare Lien in the sum of $62,855

Injuries

Plaintiff sustained four fractured ribs and a left tibia plateau fracture which required surgery with the implantation of hardware. Approximately one year later plaintiff underwent a total left knee replacement.

Result

Settlement of $500,000