Case details
Pedestrian struck by tractor-trailer claimed traumatic injuries
SUMMARY
$10500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, brain, clavicle, degloving, fracture, hemorrhaging, hip, laceration, left frontal lobe, liver, orbital, rib, right arm, right epicondyle, right kidney, traumatic brain injury
FACTS
On July 12, 2013, plaintiff Glenn Shea, 48, a validation engineer, was walking west across Hollis Street at the intersection with 53rd Street, in Emeryville, when he was struck by a tractor-trailer owned by Matheson Tri-Gas Inc. and driven by Matheson Tri-Gas employee Scott McKenzie. Shea was in the course and scope of his employment at the time of the collision. Shea sued McKenzie and Matheson Tri-Gas. Shea alleged that McKenzie was negligent in the operation of the tractor-trailer and that Matheson Tri-Gas was liable for McKenzie’s actions. Shea’s employer’s worker’s compensation provider, Atlantic Specialty Insurance Co., joined the suit as an intervening plaintiff. Plaintiffs’ counsel maintained that Shea was crossing with the light and was walking inside the crosswalk when McKenzie, acting in his capacity as an employee of Matheson Tri-Gas, made a left turn from 53rd Street without keeping a proper lookout. Counsel contended that as a result, McKenzie struck Shea near the center of the road. The plaintiff’s accident reconstruction expert opined that Shea was inside the crosswalk at the time of the accident. Plaintiff’s counsel also produced a witness from the east side of the street who also claimed that Shea was inside the crosswalk at the time of the accident. McKenzie and Matheson Tri-Gas denied negligence. The defense’s accident reconstruction expert opined that Shea was outside of the crosswalk at the time of the accident. Defense counsel also produced a witness who claimed that Shea was not inside the crosswalk at the time of the collision. In response, plaintiff’s counsel disputed the defense’s witness’ account of the accident, arguing that the witness’ testimony was not reliable due to the witness being more than 350 feet from the intersection., Shea allegedly sustained a subdural hemorrhage of the left frontal lobe, a traumatic brain injury, multiple orbital fractures, and multiple right-sided rib fractures with a flail segment and a right pneumothorax. He also allegedly sustained a right anterior shoulder dislocation, a right clavicle fracture, a right kidney laceration, hemorrhaging of the liver, transverse process fractures at L5 and S1, multiple complex pelvic fractures with a pelvic hematoma, and a right sacroiliac joint dislocation. In addition, Shea alleged sustained an internal degloving of his right hip, a degloving of his dominant right arm, a right epicondyle fracture, a bimalleolar fracture of the left ankle, and a fifth metatarsal fracture of his left foot. Shea was subsequently transported by ambulance to an emergency room. He underwent a total of 10 surgical procedures to stop his internal bleeding, place internal fixation on his fractures, and treat his degloving with skin grafts. As a result, he remained hospitalized through Aug. 21, 2013, followed by a month of inpatient physical rehabilitation. Plaintiff’s counsel contended that Shea continues to experience chronic pain in his hip and ankle. Counsel also contended that Shea requires continued physical and cognitive therapy. The plaintiffs’ neurological and psychological experts opined that Shea continues to experience cognitive and memory deficits and that they classified Shea’s brain injury as moderate to severe. The plaintiff’s vocational rehabilitation expert opined that due to Shea’s mental and physical disabilities, Shea is currently unable to work full time. Shea sought recovery of an unspecified amount of damages for his past and future pain and suffering, physical impairment, medical expenses, and lost income. His wife, plaintiff Hua Tran, presented a derivative claim seeking recovery for her loss of consortium. Defense counsel disputed the seriousness of the damages alleged. The defense’s neurological and psychological experts classified Shea’s brain injury as mild and opined that Shea had fully recovered. The defense’s vocational expert opined that Shea could return to full-time work and the defense’s expert economist opined that the lost-income claim was excessive.
COURT
Superior Court of Alameda County, Alameda, CA
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