Facts

Plaintiff Timothy Cesario, age 43, was standing in the valet bay waiting for a car to come back from being washed. A vehicle being driven by an employee of Ultima Management Inc. and Safety Park Service Corporation came into the area striking plaintiff and knocking him to the ground.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants were negligent in the operation of a motor vehicle by their employee and agent.

DEFENDANT'S CONTENTIONS:
Defendants claimed that plaintiff could have avoided the accident or minimized his damages by paying closer attention to his surroundings and jumping out of the way.

Specials in Evidence

$168,000

Damages

Plaintiff claimed loss of earnings and loss of earning capacity for $80,000

Injuries

Plaintiff suffered tibial plateau fracture to left leg; grade III anterior torn lateral meniscus tear on the left knee; a grade III posterior horn medial meniscus tear that extended to the inferior articular surface of the right knee; both an 8 millimeter full thickness tear of the supraspinatus tendon and 5 millimeter full thickness tear of the infraspinatus muscle to his the shoulder; rim rent tear of the supraspinatus tendon on the left shoulder; and 3-4 millimeter right paracentral herniated nucleus pulposus with mild to moderate central canal stenosis and marked right neuroforaminal stenosis at the L4-5 in his lumbar region of the spine. The knee and shoulder injuries required surgical intervention. Defendants claimed that some of plaintiff's injuries were pre-existing.

Result

The case settled for $835,000.

Other Information

FILING DATE: July 23, 2012.