Facts

Dorothea Benney sued Red Rock Contract Services LLC and Michael Caldwell, based on an accident.

PLAINTIFF'S CONTENTIONS:
Benney claimed that on Sept. 29, 2012, she was riding in a van belonging to Red Rock. The van was used to shuttle residents of Heritage Point, a retirement community. Caldwell was operating the van that day, but crashed the van into a wall. Benney was thrown from her seat and injured herself. She argued that Caldwell had caused the accident by accelerating too quickly in an unsafe manner.

DEFENDANT'S CONTENTIONS:
Defendants argued that Benney was partially at fault for her own injuries due to her failure to wear her seat belt. Defendants contended that the van lurched out of control due to mechanical failure.

Specials in Evidence

Benney requested $52,004 for her medical costs, and $108,585 for her increased living assistance expenses.

Injuries

Benney fractured her left humerus, and sustained bruises to her legs, face, and ribs. She later developed other symptoms due to her injuries, including dehydration and pneumonia. Her injuries further caused Benney to lose the ability to care for herself. Plaintiff claimed her multiple hospitalizations were caused by the accident.

Result

The parties settled for $275,000.

Other Information

INSURER: Progressive Choice Insurance Co.