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Personal Injury
Auto v. Pedestrian
Negligence

Joseph R. Buley v. I.D. Technology, LLC and James Moss

Published: May 25, 2013 | Result Date: Jan. 11, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 30-2011-00515487-CU-PA-CJC Settlement –  $140,000

Court

Orange Superior


Attorneys

Plaintiff

Michael J. Buley


Defendant

Donna M. Yannotta


Facts

Joseph Buley was walking to his car in the parking lot of a strip mall in Huntington Beach on Sept. 9, 2011, when he was hit by a pickup truck being operated by James Moss.

Contentions

PLAINTIFF'S CONTENTIONS:
Buley filed suit against Moss as well as his employer, the truck's owner, I.D. Technology LLC, alleging motor vehicle negligence and vicarious liability. Buley contended Moss was inattentive while driving and therefore did not see Buley.

DEFENDANT'S CONTENTIONS:
Moss and I.D. alleged that Buley was also negligent, failing to use due care to look while walking in the parking lot.

Damages

Buley sought damages for $60,000 in past medical costs as well as damages for past and future pain and suffering.

Injuries

Buley sustained a right hip fracture, a right ankle sprain, as well as contusions and abrasions to his right elbow and wrist. Buley underwent open reduction and internal fixation of three pins to his right hip, as well as three months of physical therapy.

Result

The parties reached a settlement for $140,000.


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