Confidential
Settlement – $103,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Facts
On Sept. 24, 1999, at approximately 12:15 p.m., the plaintiff, age 14, was crossing Passions Boulevard in an
unmarked crosswalk at the Southwest corner of the intersection of Passions Boulevard and Homebrook Street
in the City of Whittier when she was struck by defendantÆs 1987 Cadillac Sedan driven by the defendant.
The incident occurred in front of a high school wherein the plaintiff was and is a student. The school had just
left out for the day and students were walking home on both sides of Passions Boulevard. Passions Boulevard
is a two-lane roadway with one lane of traffic flowing northbound and one lane of traffic flowing southbound.
At the time of the incident, the defendant was traveling northbound on Passions Boulevard behind a mid-size
truck. The truck was making a left turn from northbound Passions Boulevard to westbound Westbrook Street
and was also allowing the plaintiff to cross the roadway immediately in front of the truck.
The defendant, who was not aware of the plaintiffÆs existence as she was walking in front of the truck, became
impatient while waiting for the truck to finish negotiating its left turn. The defendant swerved his vehicle to his
right to hug the right curb of the roadway to pass the truck and struck the plaintiff. At no time before the
impact did the defendant ever see or observe the plaintiff.
At his deposition, the defendant testified that the width and height of the mid-size truck completely restricted
his vision of the roadway in front of him as well as to his left in the direction that the plaintiff was coming
from. The defendant also testified that the point of impact occurred at or near the southeast corner of the
intersection and that the children were in fact walking on both sides of Passions Boulevard. The police report
inaccurately placed the point of impact at the northeast corner of the intersection where a no crossing sign was
posted. The police, concluded, based upon the officerÆs investigation that the plaintiff was at fault for
jaywalking across a no crossing section of the roadway.
The defendant contended that the plaintiff was jaywalking across the middle of a roadway and darted out in
front of his vehicle thereby causing the accident.
Settlement Discussions
The defendantÆs insurance carrier initially denied any liability for this claim upon the police report. The defendant then offered $25,000 to resolve this claim in private mediation. After a second mediation, the case settled for $103,000. The court approved a structured settlement - college fund for the plaintiff.
Specials in Evidence
$17,311
Injuries
The plaintiff suffered distal fibula shaft fracture and a transverse medial malleolar fracture of the right ankle. Surgery, open reduction and internal fixation repair was performed on the day of the accident. The plaintiff has no residual complaint.
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