Facts

On Dec. 24, 2007, the plaintiff, a 51-year-old custodian, was struck by a pickup truck as he was crossing the street at the intersection of Balboa Avenue and Mercury Street in San Diego. Reportedly, the defendant turned his pickup right from Mercury onto Balboa and hit the plaintiff.

The plaintiff sued the defendant and his employer, M.W. Reid Welding Inc., operating as SouthBay Welding, for motor vehicle negligence. He claimed that he was in the crosswalk with a green light.

The defendants argued that the plaintiff was crossing on a red light.

A third-party witness stated that the plaintiff had a green light.

Injury

The plaintiff sustained a bilateral facet fracture at T11 and a disruption of the T10-11 disc space, lacerations to his forehead and nose and abrasions. He was taken by ambulance to a hospital, where he was admitted for one week. While hospitalized, he underwent plastic surgery to repair the laceration on his forehead and nose, and a five-level fusion surgery (T8-L1). He was discharged from the hospital with instructions to take a painkiller for his back pain. He used a walker for a couple of weeks and was required to wear a back brace for three months after his surgery.

Additionally, the plaintiff underwent a limited amount of physical therapy, which was ineffective. He alleged that his back pain improved gradually for two months after the surgery, but reached a plateau and persisted through the time of litigation.

The plaintiff also alleged that his injuries prevented him from returning to work as a custodian. He claimed $275,129.70 in past medical expenses, and sought damages for past and future lost wages and pain and suffering.

The defendants alleged that the defendant could have returned to his job.

Verdict Information

The parties settled for $2.05 million.