$2,000,000 Settlement: Truck vs. Pedestrian
Plaintiff Linda S. was a 52 year old mother of three who was on complete medical disability and had not worked for many years before the collision. She was walking on a sidewalk in downtown Oakland when a City of Oakland sewer truck allegedly ran a red light and struck an SUV, then proceeded through the intersection of 14th Street and Franklin Street and jumped the curb and struck Plaintiff. Even though Linda S. was an innocent victim, the City of Oakland refused to admit fault for the collision.
Plaintiff suffered seven rib fractures and left pneumothorax (collapsed lung), and she also sustained a comminuted left femur fracture, a torn rotator cuff in her left non-dominant shoulder, a lacerated spleen, a bone lesion in her right distal femur, and numerous lacerations and contusions. Plaintiff also claimed aggravation of the pre-existing lower back injury which caused her to be on complete disability before the collision. Her femur fracture required reconstructive surgery and installation of metal hardware. Plaintiff spent two weeks in the hospital, and received 23 sessions of in-home physical therapy.
Plaintiff was unemployed and on complete medical disability at the time of the collision and did not make a wage loss claim so her recoverable past medical bills of $88,021.51 were her only economic damages. The City of Oakland’s medical expert contended that “based upon the findings on my clinical examination, orthopedically there has been no increase in her pre-existing disability which I would related to the incident in question.” Defendant’s expert estimated future expenses related to the collision would be $50,000. The case settled shortly before trial for $2,000,000.