Betty Smith, Michael Smith v. USAA
Published: May 3, 2001 | Result Date: Mar. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002173 Arbitration – $787,492
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas Di Julio
(medical)
Defendant
Barry I. Ludwig M.D.
(medical)
Facts
On Dec. 17, 1997, claimant Betty Smith, a 52-year-old strategic planning officer and a resident of Linden, North
Carolina, was visiting Southern Calif. for her adult sonÆs birthday. She was jogging southbound on Crescent
Drive in Beverly Hills headed toward Santa Monica Boulevard. The uninsured motorist was driving a 1988
Jeep Cherokee and was coming through an alley that intersected the sidewalk that the claimant was jogging
on.
There was a tall hedge that completely obstructed the JeepÆs view of the claimant and the claimantÆs view of
the Jeep. As the Jeep approached the sidewalk, the claimant ran into the JeepÆs path and she was struck with
the right front corner of the Jeep.
Settlement Discussions
The claimantsÆ last demand was $550,000. The respondentsÆ last offer was $150,000. The award has been paid in full.
Specials in Evidence
$9,988
Damages
$2,451 (miscellaneous and out of pocket expenses). Michael Smith claimed for loss of consortium.
Injuries
The claimant suffered fractures of the 5th, 6th and 7th ribs, a chest wall contusion and a head contusion as a result of being struck by the Jeep and knocked to the pavement. She has continued pain in the rib area due to injury to the intercostal nerves at the base of her ribs as a result of the rib injury. She also claimed brain trauma manifesting in a slight palsy prohibiting her from being able to tap her left foot as well as reflex sympathetic dystrophy syndrome.
Other Information
<M>A 9+-hour mediation was held before retired judge William Sheffield.</M>
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390