Facts

Ralph Oliverio sued Yellow Cab Cooperative Inc. and driver Colden Struggs in connection with an incident that occurred on Oct. 12, 2013, in San Francisco.

PLAINTIFF'S CONTENTIONS:
Plaintiff was walking his bicycle across 6th St. in San Francisco when defendant driver struck him. Plaintiff was thrown off about 20 feet and sustained injuries as a result of the collision. He then sued the driver and his employer for negligence and vicarious liability. Plaintiff further claimed that defendant was driving in excess of the 25 mph speed limit.

DEFENDANTS' CONTENTIONS:
Defendants claimed plaintiff was to blame for the accident. Defendants disputed plaintiff's claimed damages.

Settlement Discussions

Oliverio made a CCP 998 demand of $999,999, while defendants offered to settle for $200,000.

Damages

Oliverio requested between $2 million and $4 million in total damages.

Injuries

Oliverio claimed a fractured pelvis and his right leg, below the knee, was shattered. Oliverio also claimed bleeding in the brain, requiring a six-week hospitalization. He underwent nearly a dozen surgeries to repair his broken bones. However, despite the surgical interventions, he claimed he was now left with legs of two different lengths, causing an uneven gait and back pain.

Result

The jury found the parties partially at fault, attributing 35 percent fault to Oliverio and 65 percent to Struggs. It also determined that Oliverio's damages totaled $1.325 million. Oliverio was set to recover $861,250 after the offset.

Other Information

FILING DATE: March 7, 2014.