Wan Ling Song v. Tommy Zhong Yang Fang, and Does 1 through 25, Inclusive
Published: Apr. 9, 2016 | Result Date: Aug. 28, 2015 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-537660 Settlement – $1,400,000
Court
San Francisco Superior
Attorneys
Plaintiff
Monica J. Burneikis
(Meisel, Krentsa & Burneikis)
Andrew H. Meisel
(Meisel Law Group)
Defendant
Adrienne D. Cohen
(Law Offices of Adrienne D. Cohen)
Veronika J. Zappelli
(Law Offices of Adrienne D Cohen)
Martin L. Seeger
(Babin & Seeger LLP)
Facts
Plaintiff Wan Song sued Go Lorries Airport Shuttle, and Tommy Fang, in connection with a motor vehicle collision that allegedly occurred on Nov. 23, 2012.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant allegedly ran a red and struck plaintiff's vehicle as she was attempting to cross the intersection on a green light. Plaintiff was injured and sued defendant for negligence. Plaintiff claimed defendant was working for Go Lorries Airport Shuttle and was driving a Go Lorries shuttle at the time the accident occurred. As such, plaintiff claimed Go Lorries was also liable for defendant's negligence.
DEFENDANT'S CONTENTIONS:
Go Lorries claimed Tommy Fang was an independent contractor. Go Lorries denied defendant driver was working at the time the accident occurred, and denied any liability. Plaintiff was speeding and struck Fang's vehicle as he completed a legal right-hand turn. Defendant disputed plaintiff's claimed injuries, claiming her injuries were pre-existing.
Settlement Discussions
Song demanded $2.75 million. Defendants countered with a $450,000 offer of settlement.
Damages
Song requested $543,832 in past medical expenses, $75,000 in estimated future medical expenses, and $200,000 in past and future wage loss. She also sought damages for past and future pain and suffering.
Injuries
Song claimed severe injuries to her lower back and was later diagnosed with cauda equine syndrome. She underwent two emergency spinal surgeries to repair her back, followed by physical therapy. She claimed her injuries left her unable to sit for long periods of time or drive long distances as she fatigued easily. She also claimed she could no longer carry or lift items, greatly diminishing her ability to return to work as a nanny or in-home care provider.
Result
The parties reached a $1.4 million settlement. Tommy Fang's insurer paid $1.025 million of the total settlement, while Go Lorrie's Airport Shuttle's insurer paid the remaining $375,000.
Other Information
FILING DATE: Feb. 25, 2014.
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