Case details
Elderly man claimed knee injuries after struck by vehicle
SUMMARY
$450000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, leg
FACTS
On Feb. 14, 2011, claimant Paul Vonnegut, 88, was walking his dog when he stepped into the crosswalk at the intersection of Tice Creek Road and Stanley Dollar Drive in Walnut Creek. An oncoming vehicle came to a complete stop, but then it lunged forward suddenly, striking Vonnegut. The driver of the vehicle tendered its policy. Vonnegut then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Amica Mutual Insurance Co., Vonnegut sustained medial and lateral condyle fractures of the distal femur at the right knee. The injury resulted in hemarthrosis, which is bleeding in a joint, at the right knee. Vonnegut is currently wearing a hinged knee brace which locks in full extension, but it was recommended that he undergo a right knee replacement. Vonnegut claimed that he is the sole caretaker of his elderly wife, but that he had to hire home care following the accident.
COURT
Superior Court of Contra Costa County, Walnut Creek, CA
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