Case details

Plaintiff claimed multiple vehicle crash caused leg amputation




Mediated Settlement

Result type

Not present

below-the-knee, leg, loss of consortium amputation
In 2011, the plaintiff, a 47-year-old commercial real estate broker, was walking on a sidewalk in Oakland when he was struck by a commercial truck and pinned against a building wall. Prior to the plaintiff being struck, a Camaro pulled out of a parking space adjacent to the slow lane of traffic and sideswiped the commercial truck. The truck driver subsequently lost control and went up onto the sidewalk, where the plaintiff was struck. The plaintiff ultimately suffered a below-the-knee leg amputation. The plaintiff sued the truck driver, the truck driver’s employer and the driver of the Camaro. The plaintiff alleged that the drivers of the truck and the Camaro were negligent in the operation of their respective vehicles, and that the truck driver’s employer was vicariously liable for the truck driver’s actions. Prior to mediation, the insurance carrier for the Camaro driver agreed to settle with the plaintiff for $295,000, based on the driver’s $300,000 policy limit. Defense counsel for the truck driver’s employer contended that its driver lost control of the truck because the steering shaft broke after the Camaro sideswiped it. Thus, the employer brought a third-party complaint against the manufacturer and retailer of the truck and the Camaro driver. However, the action was dismissed against the manufacturer and retailer, and the insurance carrier for the Camaro driver agreed to settle with the truck driver’s employer., The plaintiff was taken to Kaiser Permanente Oakland Medical Center, where his left leg was surgically amputated below the knee that same day. The plaintiff claimed past and future lost wages, alleging that he lost opportunities and commissions due to his inability, or difficulty, to close deals as a result of his . The plaintiff’s wife presented a derivative claim, seeking recovery of damages for her loss of consortium. Thus, the plaintiffs’ sought recovery of general and special damages totaling in excess of $19 million, including $379,000 for the injured plaintiff’s past medical expenses.
Judicial Arbitration Mediation Services (JAMS), CA

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