Facts

On Jan. 9, 2012, Diem Van Lam was driving eastbound on Lawrence Expressway in San Jose to deliver newspapers when a police vehicle, operated by Gregory Markovic at the intersection of Saratoga Ave, struck him.

PLAINTIFF'S CONTENTIIONS: Van Lam filed suit against Markovic, as well as his employer, the County of Santa Clara, alleging motor vehicle negligence and vicarious liability. He contended that Markovic ran a red light, causing the accident.

DEFENDANT'S CONTENTIONS:
Markovic and the County contended that neither party knew what color the light was at the intersection.

Specials in Evidence

The amounts paid by Medicare.

Damages

Van Lam sought $588,000 in medical expenses as well as damages for pain and suffering.

Injuries

Van Lam sustained a traumatic brain injury, traumatic aortic dissection with Sick Sinus Syndrome requiring insertion of a pacemaker, as well as multiple chest fractures and injury to kidney, undergoing hospitalization. Van Lam suffered moderate cognitive impairment as well as headaches, chest and shoulder pain.

Result

The parties reached a settlement for $5 million.