Facts

In the afternoon on May 27, 2005, plaintiff Kevin Dooling, a 45-year-old painter, walked into the parking lot of a San Francisco Walgreen's. He was hit by a car driven by defendant Anthony Ceazer. Plaintiff had walked in front of the car while it was backing up and then suddenly drove forward into plaintiff and two parked cars.

CONTENTIONS:
Plaintiff sued defendant for negligent operation of a motor vehicle. He also sued the car's owner, defendant Helen Tsalamakos, for vicarious and permissive use. He argued that elderly Tsalamakos was negligent in allowing Ceazer to drive her car. He alleged that Tsalamakos was unable to get her car out of the parking spot and thus asked Ceazer to negotiate the car out of the spot for her.

Settlement Discussions

Plaintiff made a demand of $1.5 million.

Damages

Plaintiff further sought $554,742 in future wage losses because he could no longer work as a painter with a damaged leg. He claimed he went back to work as a painter but could not handle the resulting pain.

Injuries

Plaintiff was taken to the hospital. He suffered a fractured right fibula and tibia. The fractures required open reduction, internal fixation with muscle flap surgery and an autograft. Plaintiff had $236,625 in past medical bills and estimated future medical bills for maintenance monitoring and surgery at $75,000. He also sought an unspecified amount for past pain and suffering.

Result

Defendant Tsalamakos' $1.5 million global insurance policy agreed to plaintiff's settlement demand.