This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Dec. 14, 1996


Personal Injury (Vehicular)
Auto v. Pedestrian
Crosswalk

Confidential

Settlement –  $600,000

Judge

Kevin G. Kelly

Court

Alameda Superior


Attorneys

Plaintiff

Mary E. Wiss


Defendant

Holiday Walsh


Experts

Plaintiff

Jordan A. Kinkead
(technical)

Catherine Mills
(medical)

Claude S. Munday
(medical)

David M. Contreras
(medical)

Robert N. Anderson
(technical)

Defendant

Dean B. Tuft
(technical)

Mark H. Strassberg M.D.
(medical)

Ronald H. Roberts Ph.D.
(medical)

Anthony H. Jew
(medical)

Facts

On Nov. 3, 1994, the plaintiff, a 41-year-old man, stopped for coffee on his way to work. He was crossing the street, within a marked crosswalk, when he was struck by a Ford Explorer driven by the defendant. The injured plaintiff and his spouse brought this action against the defendant based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiff pedestrian made a settlement demand for $925,000. The plaintiff wife made a settlement demand for $175,000. The defendant made initial offers of compromise for $200,000 (to the plaintiff pedestrian) and $50,000 (to the plaintiff wife).

Specials in Evidence

$46,645 $35,770 $26,827 $35,802

Damages

The plaintiff wife claimed loss of consortium.

Injuries

The plaintiff pedestrian alleged he sustained a possible fractured skull, fractures of the pelvis, a torn pectoral muscle, a torn lateral meniscus and an anterior cruciate ligament of the left knee.

Other Information

The settlement was reached approximately one year and five months after the case was filed.


#79045

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390