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Personal Injury
Auto v. Pedestrian
Intersection Collision

George Garrett v. Zeray G. Berhane, Paradigm Janitorial Service

Published: Dec. 20, 2014 | Result Date: Feb. 24, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CGC-13-528447 Settlement –  $64,000

Court

San Francisco Superior


Attorneys

Plaintiff

Anna Dubrovsky
(Anna Dubrovsky Law Group Inc.)


Defendant

Daniel C. Taylor

Dean M. Schmidt

Roy Woo

Paul A. Bigley
(Freeman, Mathis & Gary LLP)


Facts

George Garrett sued Zeray Berhane and Paradigm Janitorial Service, in connection with a motor vehicle accident that occurred on Aug. 27, 2012.

Contentions

PLAINTIFF'S CONTENTIONS:
Garrett claimed that as he was attempting to cross the street, he saw a vehicle headed for him at a high rate of speed. As a result, he jumped out of the way, but not before the front bumper of the vehicle hit his right leg. Garrett contended that an eyewitness was able to take down the vehicle's information, which led him to defendants. Garrett was injured as a result of the accident, and sued Berhane, the driver of the vehicle, and his business, Paradigm for negligence and vicarious liability. Garrett contended that Berhane was driving too fast and ran a red light when the accident occurred. He also claimed that Berhane failed to pay attention as he crossed the intersection. Garrett also contended that his Achilles injury was permanent, thereby limiting all physical activity.

DEFENDANTS' CONTENTIONS:
Berhane denied any liability. He claimed he was neither speeding nor running a red light when the alleged incident occurred. Berhane contended that Garrett was running outside of a marked crosswalk, and denied his vehicle came into contact with plaintiff. He also contended there were no marks on his vehicle's bumper to indicate there had been any contact with plaintiff. In addition, Berhane disputed the extent of Garrett's claim of unresolved injuries.

Damages

Garrett requested $10,000 in future medical expenses, $5,000 in past lost earnings, $70,000 for future lost earnings, and an unspecified amount for past and future pain and suffering.

Injuries

Garrett claimed he suffered from a ruptured Achilles tendon. He underwent surgery to repair it, and later developed a staph infection from the surgery. As a result, he had another surgery to clean out the infection in October 2012. Garrett also underwent months of physical therapy.

Result

The parties agreed to a $64,000 settlement following mediation.

Other Information

INSURER: Government Employees Insurance Co. (GEICO).


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