Facts

On May 17, 2012, plaintiff Edward Delaney, 49, disembarked a San Francisco Municipal Transportation Agency bus at the corner of 16th and Kansas Sts. in San Francisco. As he crossed at the intersection, the bus struck him.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed after he got off the bus he walked to the corner, waited for the pedestrian light to turn green, and then proceeded into the marked crosswalk to cross Kansas St. Plaintiff made it 12 feet into the intersection when the bus, making a right turn, struck him, knocking him to the ground.

Plaintiff claimed that the driver of the bus was negligent for failing to yield to a pedestrian in a marked crosswalk and that the City and County of San Francisco was vicariously liable for the negligent acts of its employee.

DEFENDANT'S CONTENTIONS:
The driver and the City and County of San Francisco admitted liability, but contested the nature and extend of plaintiff's injuries and damages.

Settlement Discussions

The parties attended a first mediation on June 6, 2013, which was unsuccessful. The case was set for trial on April 1, 2014 and the parties attended a second mediation on March 12, 2014, at which the case settled.

Injuries

Plaintiff claimed a brain injury resulting in cognitive deficit and post-traumatic migraine headaches that effectively incapacitated him for nearly two years, which was confirmed by the deposition testimony of two treating neurologists as well as a neuropsychologist. He also developed a balance disorder, lightheadedness, fatigue, and hypersensitivity to sound, lights and smell. These injuries resulted in plaintiff's phobic avoidance of physical activities, which worsened his symptoms severely, and his inactivity caused him to suffer from depression. Plaintiff, a professional in the insurance industry and an amateur athlete, also suffered a right shoulder injury, labral tear, biceps instability, and a partial rotator cuff tear.

Result

The case settled at mediation for $1,250,000 before retired San Francisco Superior Court Judge Patrick J. Mahoney.

Other Information

FILING DATE: Sept. 28, 2012.