Confidential
Settlement – $400,000Facts
The plaintiff Gil Pimentel, 42, was driving a Toyota Sequoia SUV on Dec. 12, 2002 in the City of San Leandro and was entering an intersection on a green light when San Leandro police officer Shane Nelson ran a red light and entered the intersection without his siren and lights on, and was driving at an excessive speed. Officer Nelson crashed into the driver's side of the vehicle and flipped it over a number of times. The four occupants, Gil Pimentel, Benilda Pimentel and two minors were injured and taken to different hospitals in the area. The SUV was totaled. The plaintiffs argued that the police officer was negligent and there was no issue other than damages. The city of San Leandro agreed and efforts were made to resolve the case prior to filing a lawsuit.
Settlement Discussions
After a demand/settlement offer was exchanged, the parties agreed to have attorneyJustin Roberts mediate the case, which was done on November 15th, 2004. A total settlement was reached in the amount of $400,000 with $190,000 going to Benilda Pimentel, $175,000 going to Gil Pimentel, $19,000 for April Pimentel, $14,000 for Abegail Pimentel and $2,000 for Benjamina Pimentel for a loss of consortium action regarding her husband Gil.
Injuries
Gil Pimentel suffered a ruptured diaphragm/stomach herniation into the chest cavity and rib fractures. He remained in the hospital for approximately one week after undergoing surgery to repair the diaphragm rupture. He is a mailman employed by U.C. Berkeley. Gil's mother, Benilda Pimentel, 81, was hospitalized at Eden Hospital and suffered rib fractures along with potential eye injuries. She remained in the hospital for one week. No surgery was performed on Benilda Pimentel. Gil's minor daughters, April Pimentel remained in the hospital overnight and Abegail Pimentel remained in the hospital for five hours and was discharged.
Result
After a demand/settlement offer was exchanged, the parties agreed to have attorney Justin Roberts mediate the case, which was done on Nov. 15, 2004. A total settlement was reached in the amount of $400,000 with $190,000 going to Benilda Pimentel, $175,000 to Gil Pimentel, $19,000 to April Pimentel, $14,000 to Abegail Pimentel and $2,000 for Benjamina Pimentel for a loss of consortium action regarding her husband Gil.
Other Information
Because the statute of limitations was about to run and approval of the settlement by the San Leandro City Council could not be obtained until shortly before the statute ran, a lawsuit was filed. An extension to serve the complaint was obtained by the plaintiffs' counsel. After the guardian ad litem for the two minors, their mother Benjamina Pimentel was appointed, a hearing was scheduled for March 10, 2005 to approve the settlement of the minors. Both minors fully recovered as did Gil Pimentel. Benilda Pimentel had eye difficulties but all testing done did not substantiate any trauma that effected her vision.
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