Facts

In March 2003, two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, went up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. The two men, Juan Diaz and John Doe, were crushed between the car and the building. Doe, then 58 years old, suffered traumatic amputation of both legs above the knee. Diaz, then 27 years old, sustained a severe crush injury to his left leg.

The Errant Delivery Co. driver contended that the car's brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 mph.

Injuries

Diaz's left leg was crushed. While doctors were able to save the leg, the repair required more than 14 surgeries over a two-year period, including multiple skin and muscle grafts. Diaz was able to walk again but will walk with a cane for the remainder of his life. At the time of the accident, Diaz worked at a fast food restaurant as a swing shift supervisor. John Doe suffered traumatic amputation of both legs above the knee at the scene. He was working as an artisan furniture restorer and woodworker at the time of the accident. As part of his care, Doe was provided with C-legs, sophisticated computer-controlled prosthetics.

Result

Settlement, $14.5 million.

Other Information

An early dialogue can help all sides. In early 2005, Errant Delivery Co.'s counsel contacted plaintiffs' counsel to say that Errant Delivery Co. acknowledged responsibility for the accident but that it was too early to put a value on the case. Errant Delivery Co. wanted to make a pre-resolution partial settlement payment to provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 million at that point. This early display of good faith allowed the parties to continue discussions and eventually reach a resolution that provided plaintiffs with sufficient compensation without forcing Errant Delivery Co. into bankruptcy. As a result, the plaintiffs were justly compensated and over 1,000 employees at Errant Delivery Co. were able to keep their jobs. This case was mediated by Harris Weinberg.