Facts

Cory Stone was standing in the middle of a street waiting for traffic to clear so he could complete crossing the street when he was struck by a truck operated by David Nunemann. Stone sued Nunemann, alleging that he was negligent in the operation of his vehicle. He claimed that Nunemann was negligent for pulling into the center left turning lane without seeing if there was a pedestrian waiting there to cross.

Nunemann claimed that Stone was comparatively negligent for wearing dark clothing with no helmet or headlamp. Defense counsel also noted that a California Highway Partrol officer concluded that Stone was at fault for the accident by crossing the roadway outside of the marked crosswalk.

Damages

Stone claimed $300,000 in billed medical expenses, as well as damages for past and future pain and suffering.

Injuries

Stone sustained fractures to his pelvis, lumbar vertebra, and to his right ankle. He also claimed a left, lower long contusion and a closed head injury. He underwent multiple surgical procedures. He required a hard plastic thoracic brace several months after the surgery.

Result

The parties settled for $250,000 (policy limits).