Facts

On May 1, 2007, at 8 a.m., plaintiff Mary Wallace, age 72, stopped at the intersection, pressed the pedestrian walk button, and waited for the pedestrian walk sign to start flashing "walk." When the pedestrian walk sign changed to "walk," Wallace began crossing the street within the crosswalk when, without warning, she was struck on her left side by defendant Mary Hoppe's vehicle. Wallace was thrown onto the hood of Hoppe's vehicle and then fell to the ground.

Hoppe filed a cross-complaint against the City of Orinda, which was subsequently dismissed.

Injuries

Wallace suffered a comminuted and displaced left proximal humerus fracture, fractures to pelvis and ribs, and multiple fractures to spinous process. She underwent shoulder replacement surgery. During recovery, she began suffering from post-traumatic acute blood loss anemia and was given two blood transfusions. Wallace remained in the hospital and was ultimately transferred to a rehabilitation center for several weeks. Wallace was wheelchair-bound for several months following the accident, and since has regained only minimal use of her shoulder.

Result

The case settled prior to trial, but after mediation with Hon. Ellen S. James.