Confidential
Settlement – $1,177,040Court
Napa Superior
Attorneys
Plaintiff
Thomas J. Brandi
(The Brandi Law Firm)
Defendant
Jesse F. Ruiz
(Messner Reeves LLP)
Facts
The case involves severe personal injuries sustained by the plaintiff husband, an 81-year-old male. On Oct. 10,
2000, a truck and trailer operated by the defendant and towing a load of pipe on SR 121 went out of control
and struck the plaintiffÆs vehicle. At the time of the accident, the defendantÆs driverÆs license had expired. The
trailer being towed was owned by a fellow employee of the co-defendant Taylor Bailey Inc. who had an
arrangement with the company whereby he was allowed to store the trailer on the companyÆs premises in
exchange for allowing the company to use it on an "as need" basis.
The road on which the accident occurred was in the process of being paved by Ghilloti Co. pursuant to a
contract with the State of California. The striping on the two-lane road was not completely restored at the time
of the accident. The plaintiff has had multiple surgeries primarily for significant orthopedic injuries and severe
hospitalizations. He is unable to walk and requires home attendant care. He was treated initially at Queen of
the Valley Hospital for multiple orthopedic injuries, surgeries, skin grafts and a closed head injury.
He was hospitalized from Oct. 10, 2000 through Oct. 28, 2000 and then transferred to the acute care
rehabilitation program. X-rays revealed comminuted left patella fracture, fractures of the distal tibia and fibula,
fractured ribs on the right side and a pneumothorax. He had an open left patella fracture, open left distal tibia
and fibula fracture, a right ankle fracture, a right-foot fracture, and a large open wound with a possible fracture
of the left hand. On the day of admission, he was operated on for debridement of his wounds, and repair of the
patella fracture, external fixation of the tibia fracture and interim stabilization of the right ankle fractures.
On Oct. 25, 2000 he underwent surgery for excision of the right talar fragment posteriorly and open reduction
and internal fixation of the right lateral malleolus fracture. He was placed in a short leg cast and transferred to
the rehabilitation unit on Oct. 28, 2000 where he remained until Nov. 17, 2000.
On Jan. 17, 2001, he had the external fixator in the left tibia removed. On Sep. 5, 2001,
he had knee surgery and this resulted in certain complications making it necessary for him to
have further hospitalization. He is now unable to walk and further surgery is not recommended.
He is confined to a wheel chair and has chronic pain in his legs.
Settlement Discussions
The case was settled for $1,177,035 with contributions from the defendant driver and his employer of $962,000; the defendant owner of the trailer, $200,000, and the defendant State of California and the contractor, $15,000.
Specials in Evidence
$170,000 with on-going 20-hour care, on a daily basis, costing approximately $2,000 weekly
Injuries
The plaintiff has had multiple surgeries primarily for significant orthopedic injuries and severe hospitalizations. He is unable to walk and requires home attendant care. He was treated initially at Queen of the Valley Hospital for multiple orthopedic injuries, surgeries, skin grafts and a closed head injury. He was hospitalized from Oct. 10, 2000 through Oct. 28, 2000 and then transferred to the acute care rehabilitation program. X-rays revealed comminuted left patella fracture, fractures of the distal tibia and fibula, fractured ribs on the right side and a pneumothorax. He had an open left patella fracture, open left distal tibia and fibula fracture, a right ankle fracture, a right foot fracture, and a large open wound with a possible fracture of the left hand. On the day of admission, he was operated on for debridement of his wounds, and repair of the patella fracture, external fixation of the tibia fracture and interim stabilization of the right ankle fractures. On Oct. 25, 2000 he underwent surgery for excision of the right talar fragment posteriorly and open reduction and internal fixation of the right lateral malleolus fracture. He was placed in a short leg cast and transferred to the rehabilitation unit on Oct. 28, 2000 where he remained until Nov. 17, 2000. On Jan. 17, 2001, he had the external fixator in the left tibia removed. On Sep. 5, 2001, he had knee surgery and this resulted in certain complications making it necessary for him to have further hospitalization. He is now unable to walk and further surgery is not recommended. He is confined to a wheel chair and has chronic pain in his legs.
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