Confidential
Settlement – $5,324,500Facts
On May 7, 2004, plaintiff Rebecca Carey, 16, was driving with her best friend, plaintiff Kimberly Hamilton, southbound on Fowler Avenue in Fresno. They came upon a construction site operated by defendant Yeager Skanska Inc. Although large earth-moving trucks were crossing Fowler Avenue throughout the day, traffic was allowed to travel in both directions. Karen Fifer was the flagperson controlling southbound traffic. As Carey neared Fifer, she came to a complete stop. After several minutes, Fifer dropped her stop sign and motioned her left arm over her right shoulder. Carey proceeded forward. A large tractor operated by Leonard Harper attempted to cross Fowler at 30 to 40 miles per hour and struck Carey's car. Hamilton was killed and Carey was severely injured.
Injuries
Rescue personnel took two hours to extricate Carey from her vehicle. She had a fractured pelvis, scalp laceration, knee laceration, and second-degree burns on her leg and arm. She eventually underwent surgery for the debridement of the burns and skin grafts. She will require two to three scar revision surgeries. Carey also suffered from cognitive injuries and post-traumatic stress syndrome.
Result
The plaintiffs settled for $5,324,500 after a mediation session with retired Justice Edward A. Panelli of JAMS. Carey settled for $1,612,000 and Hamilton's parents settled for $3,712,500.
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