Facts

On March 9, 2012, plaintiff Lan Trinh, a 39-year-old Yahoo senior service engineer, was inline skating with a group of inline skaters in Santa Monica. Plaintiff was skating through a parking lot towards the bicycle path when defendant Murad Muhammad Eissa, who was driving a 2010 Porsche in the wrong direction through the parking lot, struck Plaintiff. The accident occurred in the evening when it was dark.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant was negligent in the operation of his vehicle and that all of Plaintiff's claimed injuries were a direct result of said negligence.

DEFENDANT'S CONTENTIONS:
Defendant denied liability and claimed that Plaintiff was skating too fast and in an unsafe manner on the wrong side of the entry way to the parking lot. Defendant relied on the police report, which primarily faulted Plaintiff for skating too fast.

Specials in Evidence

$32,676 (Howell medicals) $18,600 none

Injuries

Plaintiff sustained a commuted left femur fracture requiring an open reduction internal fixation with left femoral rod including proximal and distal interlocking screws.

Result

The case settled for $125,000 (policy limits).

Other Information

Plaintiff demanded $125,000 policy limits. The carrier assigned the matter to defense counsel and after informal discovery and a statement under oath; defendant tendered its policy limits.