Facts

On July 6, 2007, plaintiff Kwock Bin Wong, 74, was operating his 1999 Mercedes E320 on Meadowview Road in Sacramento with his wife, Anna Marie Wong, 75, in the passenger seat, and his granddaughter, Lindsay Wong in the back seat. The defendant's employee was operating a flatbed roll-back truck carrying a rental Bobcat loader when he backed out of the driveway onto the Meadowview Road.

The plaintiffs' vehicle was traveling approximately 40 mph at the time of impact when the right front passenger side of the vehicle struck the end of the truck causing it to penetrate into the right passenger compartment area. The physical evidence demonstrated that Wong did not brake before impact.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that the defendant's employee negligently operated his vehicle and backed out onto the roadway; and that the defendant's maneuver of backing out onto the roadway without any type of a spotter or assistance was negligent.

DEFENDANT'S CONTENTIONS:
The defendant contended that the truck and the Bobcat were easily visible and it was clear for him to back out onto the roadway when he started his backing process. The defense claimed that Wong was negligent and failed to recognize that the defendant's vehicle was backing out onto the roadway. The defense had a witness to the event who testified that the defendants' vehicle was out in the slow lane of traffic for 10 seconds stopped and there to be seen by Wong.

The defendant contended that Wong was not capable of driving in a safe fashion either due to his eyesight, hearing or age, or a combination thereof. The defendant also contended that there was also ample opportunity for the Wong to perceive, slow down, as defendant's vehicle was visible more than 500 feet from the point of impact and his failure to do so is what caused the subject collision.

Settlement Discussions

The defendants' offer prior to trial was $3 million.

Specials in Evidence

$2.3 million (Anna Marie Wong); $45,000 (Kwock Bin Wong)

Damages

According to plaintiffs' expert, Anna Marie Wong had a 7-year life expectancy. According to defendant's expert, Anna Marie Wong had a 3 to 4-year life expectancy. Neither of the Wongs were employed at the time of the incident. The Wongs had been married for more than 50 years at the time of the accident.

Injuries

Anna Marie Wong suffered bleeding into both frontal lobes of her brain as well as a subarachnoid and intraventricular hemorrhage. She had an open skull fractures. She was treated at UC Davis Medical Center, which involved brain surgery and treatment of the hemorrhages and the post-traumatic hydrocephalus. She was then transported to Kentfield Rehabilitation Facility and finally to a Kaiser facility when she was ultimately discharged to the Alameda Care Center for 24-hour long-term care. She was left with a brain injury that impacted her ability to walk, talk and care for herself. The severity of her injury resulted in her being 100 percent dependant and would require 24-hour care for the rest of her life. While her condition had stabilized and she had improved to the point where she could communicate in single words, she has severe damage that has resulted in her inability to recall and remember short-term and long-term information. She is still unable to walk or provide any assistance to herself. Kwock Bin Wong suffered soft tissue injuries, rib fractures and right abdominal injuries. He also suffered from severe emotional distress as a result of contemporaneously observing his wife's horrific injuries. He received emergency room treatment at UC Davis Medical Center and follow-up care from Kaiser, including mental health care. The defendants contended that Wong's depression was due to his belief that he was responsible for the subject incident.

Result

The case settled on the third week of trial for $10 million to Kwock Bin Wong and Anna Marie Wong; and $100,000 to the granddaughter, who had not yet filed a claim.