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CONFIDENTIAL

Jul. 20, 1996

Personal Injury (Vehicular)
Auto v. Pedestrian
Negligent Design of Roadway

Confidential

Settlement –  $1,615,000

Judge

Charles W. Froehlich Jr.

Sheridan E. Reed

Court

San Diego Superior


Attorneys

Plaintiff

Richard A. Williams

Jeff Casadont


Defendant

David J. Pettigrass


Experts

Plaintiff

James Stewart
(medical)

Harry J. Krueper Jr.
(technical)

Dan Burden
(technical)

Steven H. Horowitz
(medical)

Defendant

Thomas A. Boster
(technical)

Kenneth C. Berner
(technical)

Facts

On March 25, 1994, the plaintiff, a 44-year-old housekeeper, was struck by a vehicle operated by the defendant driver. The plaintiff was attempting to walk across state route 75 in Coronado at the time of the collision. She was walking within the marked crosswalk. The intersection was not controlled by any traffic controls. The force of the impact caused the plaintiff to soar 55 feet through the air, landing on her head and back. The plaintiff suffered severe injuries to her head, neck, back and legs. The plaintiff brought this action against the defendants, the state, the driver and the owner of the vehicle, based on negligence theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$235,000 $_________ $__________ $200,000

Injuries

The plaintiff alleged that she sustained a closed head injury, a right tripod fracture, traumatic mydriasis to her left eye; C1 lateral, C1 and L5 transverse and bilateral sacral fractures, right posterior sacroiliac joint widening, left inferior pubic ramus fracture, right superior and inferior pubic ramus and fibula fracture, an avulsion fracture of the right fibular head, diplopia of the right eye and a left knee menisucus tear as a result of the accident. The plaintiff will undergo a future saroiliac fusion, an L4-5 fusion and fixation device removal.

Other Information

A settlement conference was held before Judge Charles W. Froehlich, Jr., retired.


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