Moon Sok Kim v. Gerald E. Haney, and Does 1 through 100
Published: Aug. 16, 2014 | Result Date: Jun. 6, 2014 | Filing Date: Jan. 1, 1900 |Case number: CGC-13-528370 Settlement – $500,000
Court
San Francisco Superior
Attorneys
Plaintiff
Nelson C. Barry III
(Law Office of Nelson C Barry III)
Steven J. Brady
(Brady Law Group)
Defendant
Thomas J. Feeney
(Carbone, Smoke, Smith, Bent & Leonard)
Facts
Moon Sok Kim filed an action against Gerald Haney due to a motor vehicle accident that occurred.
Contentions
PLAINTIFF'S CONTENTIONS:
Kim alleged that on Dec. 22, 2012, she was rolling her wheelchair across a street when defendant crashed into her and threw her out of the wheelchair. She argued that she stopped at a median in the street and observed defendant slowing down, believing he was yielding to her. In addition, plaintiff claimed that defendant was 82-years-old and suffered blindness in one eye and glaucoma in the other, and should not have been driving based on a doctor's recommendation.
DEFENDANT'S CONTENTIONS:
Defendant argued that he began to decrease his speed in order to make a left turn when plaintiff dashed out onto the street in front of his car. He argued that plaintiff was completely at fault for the incident. Defendant also argued that plaintiff's mobility did not change after the accident because she was already in wheelchair.
Damages
Plaintiff asked for $50,000 in lost earnings and $47,000 in past medical costs.
Injuries
Kim suffered a fractured femur and hand injury. She underwent a closed reduction.
Result
According to a settlement agreement, defendant agreed to pay $500,000.
Other Information
FILING DATE: Jan. 30, 2013.
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