Facts

Plaintiff Linda F. Smith, 52, filed suit against the City of Oakland and Frank Eric Jones concerning an accident that occurred on Sept. 28, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended she was walking on a sidewalk at the intersection of 14th St. and Franklin St. in downtown Oakland, when a City of Oakland sewer truck driven by city employee, defendant Jones, allegedly ran a red light and struck a sports utility vehicle, then proceeded through the intersection and jumped the curb and struck plaintiff.

DEFENDANTS' CONTENTIONS:
The City of Oakland did not admit liability for the collision.

Settlement Discussions

Plaintiff initially demanded $10,500,000. Defendant did not make any offer until the second mediation.

Specials in Evidence

Plaintiff's recoverable past medical specials totaled $88,022. Plaintiff was on full medical disability at the time of the collision and did not make a wage loss claim. Plaintiff's expert estimated future expense at $2.1 million, of which $1.7 million would be for home attendant care. Defendant's expert estimated future expenses would be $50,000.

Injuries

Plaintiff claimed she suffered seven rib fractures, a collapsed lung, and a comminuted left femur fracture that required reconstructive surgery and installation of metal hardware. Plaintiff also claimed she sustained a torn rotator cuff in her non-dominant shoulder, aggravation of a pre-existing lower back injury, a lacerated spleen, a bone lesion in her right distal femur, and numerous lacerations and contusions. Plaintiff spent two weeks in the hospital, and received 23 sessions of in-home physical therapy. Plaintiff's medical expert contended that plaintiff's left leg is now nearly an inch shorter, and that she has femoral and sciatic neuropathy demonstrated by an EMG. Plaintiff's medical expert also contended plaintiff has difficulty walking and often limps, and that she has developed supra patellar joint effusion in her right knee, probably due to over-compensation for her left leg injuries. Defendant's medical expert testified that there has been no increase in plaintiff's pre-existing disability, which would relate in the incident.

Result

The case settled for $2 million.

Other Information

MEDIATOR: Hon. Ellen Sickles Hames, ret., JAMS.