Facts

On Dec. 26, 2018, plaintiff Aimee Choy, 90, and plaintiff Janet Grady, 74, were crossing Magnolia Street, at the intersection with Ward Street, in Larkspur, proceeding east in a marked pedestrian crosswalk on the north side of the intersection. The intersection was controlled by traffic signals and pedestrian crossing signals, which were activated when a button for the pedestrian signal is pressed to indicate a pedestrian may walk. When Choy and Grady were about half way across Magnolia Street, they were struck by a pickup truck operated by Alison Kreshin, who was attempting to make a left turn from eastbound Ward Street onto northbound Magnolia Street on a green traffic signal. Choy claimed injuries to her head, and Grady claimed injuries to her head and elbow.
Choy and Grady sued Kreshin and the believed owner of the pickup truck, Nathan Cohen. Choy and Grady alleged that Kreshin was negligent in the operation of her vehicle and that Cohen was vicariously liable for Kreshin's actions.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that an independent witness observed Kreshin make a fast, left turn on a green light, and then strike Choy and Grady in the crosswalk. Counsel also contended that another independent witness observed that the pedestrian crossing signal indicated "walk" when Choy and Grady were struck in the crosswalk.

DEFENDANT'S CONTENTIONS: Defense claimed that that Choy and Grady were wearing dark clothing at the time of the incident. Counsel asserted that Choy and Grady did not use the button to activate the pedestrian signal, so it was not signaling "walk" for Choy and Grady, and that Choy and Grady did not see or look for left-turning vehicles prior to attempting to cross at the intersection. Kreshin claimed that she came to a stop at a red traffic signal at the intersection and that when the light changed to green, she saw the red "don't walk" pedestrian signal and began to turn slowly. She claimed that she did not notice Choy and Grady crossing the street until after the accident.

Specials in Evidence

Meds: Choy sought recovery of $305,272 in past medical costs and $1.04 million in future medical costs, based on a life care plan. She also sought recovery of damages for her past and future pain and suffering. Defense counsel did not disagree that Choy will require the assistance alleged, but disputed the cost of that care. Counsel also asserted that Choy's stroke was the cause of the permanent disability, not the traumatic brain injury, and that the stroke was unrelated to the subject incident.

Injuries

Grady sustained a head injury and was rendered unconscious or semi-conscious at the scene. She also sustained an elbow fracture and abrasions. Grady ultimately regained consciousness either in the ambulance or in the emergency room at Marin General Hospital, in Kentfield, where she was interviewed by the police. She remained in the intensive care unit for three days. Grady's head injury fully healed, and both her elbow fracture and abrasions were resolved. However, she claimed that she has residual stiffness in the injured elbow. Grady sought recovery of $102,094.61 in past medical costs, per Howell. She also sought recovery of damages for her past pain and suffering. Choy sustained a traumatic brain injury, including a subdural and epidural hematoma, but was ambulatory and talking with paramedics at the scene. She was then transferred by ambulance to Marin General Hospital, where she was interviewed by the police. Choy remained in the intensive care unit for four days. On Jan. 28, 2019, almost one month after being discharged from the Marin General Hospital, Choy was hospitalized at John Muir Health-Walnut Creek Medical Center, in Walnut Creek, for observation of the traumatic brain injury. She was discharged in stable condition on Feb. 6, 2019, but she then developed slurred speech on Feb. 12, 2019. As a result, she was seen in the emergency room at Kaiser Permanente Walnut Creek Medical Center, in Walnut Creek, and then transferred back to John Muir Health-Walnut Creek Medical Center. During the latest hospitalization, Choy suffered from aphasia, dysarthria and right-sided hemiparesis. She underwent a left, frontal temporoparietal craniotomy on Feb. 18, 2019. Choy claimed that her recovery was complicated by persistent aphasia, dysarthria and right-sided hemiparesis and that, at some point between Feb. 10, 2019, and Feb. 23, 2019, she suffered a stroke. Plaintiffs' counsel asserted that Choy will require assistance with most activities of daily living, 24 hours a day, seven days a week, for the rest of her life. At his deposition, the plaintiffs' critical care expert opined that Choy's stroke was caused by complications of the traumatic brain injury, including the subdural hematoma that Choy sustained in the motor vehicle accident. Plaintiffs' counsel brought a preference motion based on Choy's age and health, and it was granted with a trial date of Oct. 8, 2019. Counsel contended that Choy was extremely active, independent and engaged before the incident, but that as a result of the accident, Choy's statistical life expectancy was less than five years from the date of incident. Counsel also contended that Choy had a passion for travel and had completed some 91 international trips over the course of her lifetime, many of those solo and many of those in the years just before the incident. At age 90, Choy went dog sledding in Norway and had toured Rome on a Segway. At the time of the incident, she had two international trips planned, one to China to see the pandas, and she hoped to travel to every continent before she passed. Plaintiffs' counsel contended that Choy was left with right-sided weakness, such that Choy could ambulate only short distances with a walker and an assistant to ensure she does not fall. Counsel contended that other than that, Choy will require a wheelchair to get around.

Result

The parties agreed to a $5.5 million settlement based on Kreshin's $500,000 primary policy limit and $5 million excess policy limit. Of the total settlement, Choy recovered $5,175,000 and Grady recovered $325,000. The case settled with no admissions of fault.