Confidential
Settlement – $337,500Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Experts
Plaintiff
Jonathan I. Macy M.D.
(medical)
John D. Hofbauer
(medical)
Facts
Plaintiff Anthony Schwartz, 33, attended a Christmas party with defendant Matthew Frost in San Francisco. Both men drank alcohol at the party. They later went to the plaintiff's apartment. The defendant swung his arms in a conversational gesture, and his finger struck the plaintiff in the eye. The plaintiff had undergone a corneal transplant less than one year earlier. The plaintiff sued the defendant for negligence. The defendant did not contest liability.
Injuries
The plaintiff suffered a rupture of his corneal transplant, resulting in temporary loss of vision in the eye. Further surgery was required to restore vision to the eye. The plaintiff claimed that he developed a droopy eyelid and that his face became tired due to trying to raise it. He also claimed that he is more susceptible to future eye conditions such as glaucoma. The defendant disputed the extent of the plaintiff's injuries.
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