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Personal Injury
Auto v. Motorcycle
Red Light

Richard Lamont Johnson v. Emily Rose Brooks, a minor; Karen Sue Brooks, Jonathan Robert Brooks, and Does 1 through 100, inclusive

Published: Nov. 7, 2015 | Result Date: Sep. 24, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BC578215 Settlement –  $2,250,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Marc L. Smith


Defendant

Mark D. Kaufman


Facts

On Sept. 22, 2014, at 5:05 p.m., plaintiff Richard Johnson was driving a 2007 BMW motorcycle traveling northbound on 26th Street approaching Olympic Boulevard in Santa Monica. Defendant Emily Rose Brooks was traveling eastbound crossing 26th Street.

Defendant was driving a 2013 Volkswagen Jetta, owned by defendants Karen Sue Brooks and Jonathan Robert Brooks. Plaintiff filed suit against defendant driver and the owners of the vehicle.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant Emily Brooks failed to stop at the red traffic signal, broadsiding plaintiff. Plaintiff was ejected and landed on the hood of defendant's vehicle and was then dragged under the vehicle across the roadway.

Plaintiff claimed that defendant Emily Brooks was in violation of California Vehicle Code section 21453 (failure to stop for red traffic signal).

DEFENDANT'S CONTENTIONS:
Defendants claimed that plaintiff did not stop for red traffic signal in violation of California Vehicle Code section 21453. Defendants disputed liability.

Settlement Discussions

Plaintiff made a CCP 998 demand of $2,250,000.

Specials in Evidence

$227,270

Injuries

Plaintiff claimed comminuted non-displaced Weber C fibular fracture, left third metatarsal fracture, oblique fracture of left fifth metatarsal shaft,soft tissue emphysema, 12 centimeter laceration, requiring sutures and debridement of necrotic tissue, 2 centimeter laceration, polymicrobial traumatic left foot infection, infection of devitalized tendon and muscle, requiring irrigation and debridement and split thickness skin grafting. Plaintiff also claimed left fifth metatarsal head fracture, requiring tendon excision, left first metatarsal fracture, tenderness to right fourth finger, left index finger and arm abrasions.

Result

The case settled for $2,250,000.

Other Information

FILING DATE: April 9, 2015.


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