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CONFIDENTIAL

Aug. 20, 2005

Personal Injury
Truck v. Bicycle
Negligence

Confidential

Settlement –  $1,200,000

Court

Alameda Superior


Attorneys

Plaintiff

Ian P. Zimmerman
(Law Offices of Ian Zimmerman)

Eric Tosaris


Defendant

George Korte

Lenore Defiesta


Facts

Eliseo Soria, a 78-year-old retiree, was riding a bicycle on Washington Avenue in San Leandro when Ricky Short Jr., driving a 50-foot tractor-trailer in the course and scope of his employment with Rodgers Trucking, came upon him. As the truck went by, it and Soria came into contact.

Specials in Evidence

$1.5 million

Injuries

Soria sustained multiple fractures and other injuries in the accident, including: a trochanter fracture of the left hip, a dislocation of the left hip, a compound fracture of the femur, a fractured left ankle, multiple metatarsal fractures and lacerations of the left foot, a transected quadriceps of the left leg, a transected medial hamstring of the left leg, extensive muscle loss on the left thigh, 200-square-centimeter skin loss of the left thigh, and acute renal failure. Soria underwent multiple surgeries, including open reduction on the left hip and internal fixation with a rod, multiple plastic surgeries and debridement, and a split-thickness skin graft on the left thigh taken from a right thigh donor site. Soria claimed that he can only walk a few steps with assistance, and is now essentially wheelchair-bound for long distances or reliant on crutches for shorter distances.

Result

After two mediation sessions with Justice Nat Agliano (Ret.) failed to produce an agreement, the parties settled at a third mediation for $1.2 million.


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