Joseph Brinskele v. Riley McVey, CBF Inc., Enterprise Fleet Management Inc.
Published: May 17, 2014 | Result Date: Feb. 3, 2014 | Filing Date: Jan. 1, 1900 |Case number: CGC 12 523756 Settlement – $175,000
Court
San Francisco Superior
Attorneys
Plaintiff
Dennis M. Wilson
(Wilson Law Firm APC)
Defendant
Experts
Defendant
Dr. Charles DiRaimondo
(medical)
Facts
Joseph Brinskele sued Riley McVey, CBF Inc., and Enterprise Fleet Management Inc. after an accident occurred when he was crossing a road.
Contentions
PLAINTIFF'S CONTENTIONS:
Brinskele claimed that on March 5, 2012, he was walking through an intersection when a van reversed and hit him, rolling over both of his legs. The van was driven by McVey, and owned by CBF. He argued that the accident had happened because McVey had not been paying attention while driving, and that CBF was also responsible. Enterprise was named as a defendant, but dismissed early on.
DEFENDANT'S CONTENTIONS:
Defendants argued that Brinskele was entirely at fault for the accident. McVey argued that he had been attempting to parallel park and was moving in reverse, when Brinskele dangerously jaywalked and rushed into traffic. In support of its version of events, a police officer cited Brinskele for jaywalking.
Defendants also argued that Brinskele exaggerated his injuries, as the vehicle had not crushed his legs. Instead, he had suffered fractures to his legs at worst.
Damages
Brinskele requested $48,335 for his medical costs.
Injuries
Brinskele claimed both of his legs suffered crush injuries, and that one of his legs later suffered an infection as a result.
Result
The parties settled for $175,000.
Other Information
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