Confidential
Settlement – $943,902Court
Federal Circuit Court
Attorneys
Plaintiff
G. Dana Scruggs III
(Scruggs, Spini & Fulton)
Defendant
Experts
Plaintiff
Douglas Ardley
(medical)
Jeffrey Englander
(medical)
Gus Halamandaris
(medical)
David M. Yoshida M.D.
(technical)
Ronald M. Ruff
(medical)
Frank M. Ganzhorn
(medical)
Anthony Galicia
(medical)
Richard A. Palfin
(technical)
Gary T. Moran
(technical)
William Wong
(medical)
Facts
On April 8, 1997, at approximately 9:10 p.m., the plaintiff was driving her 1993 Nissan Sentra east on Airport
Blvd. in Salinas. It was dark, and the weather was cloudy and rainy. The speed limit was 45 mph.
At that time, the U.S. Army National Guard was on maneuvers from the National Guard Armory on the north
side of Airport Blvd. The army was in the process of staging a convoy of vehicles across the street from the
National Guard Armory on the south side of Airport Blvd.
At the time of the accident, two army personnel were driving a Hemmet Wrecker, a four-axle, eight-wheel all-
purpose tow vehicle, which was eight feet wide and 32.5 feet in length.
As the plaintiff approached the area of the National Guard Armory, the Hemmet Wrecker was pulling out from
the Armory across the westbound lanes of Airport Blvd. All experts agree that plaintiff was traveling between
50 and 55 mph in the 45 mph speed limit at the time of the accident. The plaintiff was apparently not wearing
a lap or shoulder restraint.
The plaintiffÆs Nissan Sentra crashed into the Hemmet Wrecker in the No. 1 eastbound lane at approximately
the WreckerÆs mid point. The plaintiffÆs drive side "A" pillar, windshield and driverÆs door were forced into
the driverÆs compartment by the collision and the plaintiffÆs head and left side were thrown into the intruding
metal.
Settlement Discussions
The plaintiff did not have liability insurance at the time of this accident and was prevented by Proposition 213 from recovering general damages for pain and suffering. After numerous settlement meetings between counsel and clients, which included the plaintiff and her family, economists and life care planners, a structured settlement was reached between plaintiff and the U.S. Army Claims Service. The settlement was approved and funded on Dec. 14, 2000.
Injuries
The plaintiff suffered an intracerebral hematoma of the right frontal temporal region, which involved a Sylvian fissure and right frontal horn of the ventricle. She was initially comatose and underwent an emergent right frontal craniotomy for evacuation of the hematoma. The plaintiff also suffered pulmonary damage, a left shoulder dislocation and a fracture of the left ankle, which was ultimately repaired by open reduction and internal fixation. The plaintiff was hospitalized for approximately one month, then received in-patient rehabilitation at Santa Clara Valley Medical Center for approximately six weeks, until her post traumatic confusion resolved. Her permanent, residual injuries included multiple cognitive deficits, spasticity of the left foot and left hand, balance impairment and atrophy of the left shoulder girdle muscle, left arm and hand muscle groups. Additionally, she sustained a permanent slight left foot drop secondary to the ankle tendon contracture and contracture of the left hand.
Other Information
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