Facts

Edward Matute, 21, attempted to cross Wilshire Boulevard near the intersection of Crenshaw Boulevard in Los Angeles and was struck by defendant Patricia Stephan's Toyota Corolla. Matute never regained consciousness and died a year and a half later. Decedent's mother, Juanna Orellano, sued for wrongful death.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the accident was the result of defendant's failure to keep a proper lookout and inattentiveness. Although the decedent was admittedly jaywalking, the plaintiff claimed that several other vehicles were able to notice the decedent and take appropriately evasive action and that the defendant could have done the same had she been paying proper attention.

DEFENDANT'S CONTENTIONS:
The defendant contended that the decedent was intoxicated, jaywalking and "dodging" vehicles as he attempted to cross the street. She further contended that the decedent suddenly appeared in front of her vehicle, giving her no opportunity to avoid the accident.

Settlement Discussions

The plaintiff contended that the case was worth several million dollars in light of the fact that the decedent was in a coma for over a year and a half after the accident and that his medical expenses alone were well over $1 million. The defendant denied liability but indicated that it would entertain a settlement to avoid substantial defense costs.

Result

The case settled for $28,000.