Facts

On Nov. 6, 2008 at approximately 9:40 a.m., plaintiff Wendy Matlow, an accountant, parked in a downtown parking garage and headed south on Gough on foot. At the corner of Gough and Oak, the light was red for southbound Gough, so Matlow stopped at the corner, standing on the sidewalk behind a group of pedestrians waiting for the light and pedestrian signal to change. When the light turned green, the pedestrians began walking south in the eastern marked crosswalk, facing a "walk" signal, with Matlow following. There was nobody behind her as she left the sidewalk.

Matlow was walking straight ahead, minding her own business, when, without warning, she was struck from behind on the right hip, which spun her around and propelled her forward in the crosswalk, crashing to the ground with her left leg underneath her. She landed with her full weight upon her left knee and leg. Matlow was pinned to the ground by a white SUV that came to rest on top of her foot.

Defendant Roberto Portillo, the driver, got out of his vehicle. Matlow yelled out that she was pinned, whereupon Portillo returned to his vehicle and backed-up off of her right foot.

Matlow filed suit against Portillo and defendant Raymundo Martinez for negligence.

PLAINTIFF'S CONTENTIONS:
Matlow contended that defendants were negligent and thus liable for her damages.

DEFENDANT'S CONTENTIONS:
Defendants contended that Matlow was comparatively negligent and that the accident did not happen in the way that Matlow described it.

Settlement Discussions

Matlow served defendants with a C.C.P. section 998 demand of $1 million. Prior to trial, defendants served plaintiff with a C.C.P. section 998 offer of $350,001.

Specials in Evidence

$69,992 $14,794 $40,000

Damages

$20,552 out-of-pocket expenses for home care, physical assistance and services rendered.

Injuries

Matlow claimed to suffer a severely comminuted, severely depressed lateral tibial plateau fracture with 8 to 9 mm of depression and 5 mm of separation of the fracture fragments. On Nov. 6, 2008, Matlow underwent open reduction internal fixation surgery of the tibial plateau fracture. Following this surgery, Matlow suffered from physical disability, physical impairment, physical deformity, physical limitations, chronic pain, and the need for assistant devices.

Result

After three days of trial, the parties reached a monetary settlement of $1 million (policy limits).