Facts

On Nov. 29, 2007, at approximately 9 p.m., the plaintiff, a 17-year-old high school student, was walking home from a friend’s house in the Carmel Valley area of San Diego. As she approached the intersection of McGuire Drive and Carmel Creek Road, a sport utility vehicle driven by defendant was stopped at a stop sign on the northbound side of Carmel Creek. As she walked through the crosswalk, the plaintiff was struck by the defendant’s vehicle, which was attempting to make a left turn.

The plaintiff sued the defendant and his father, the owner of the vehicle. She alleged that the driver was negligent in the operation of his vehicle and that the father was vicariously liable for his son’s actions.

The plaintiff claimed that she waited a few moments before entering the crosswalk — until the defendant made a complete stop — and was approximately 14 feet into the street when the defendant hit her.

She claimed that he accelerated directly into her path, causing her to be thrown into the air and run over by the SUV. A third-party witness supported the plaintiff’s account of the pedestrian accident.

The defense contended that the defendant was not negligent, and that the plaintiff might have been at fault — either whole or in part — for the accident. Defense counsel alleged that she walked into the side of the vehicle.

Injury

The plaintiff arrived at an emergency room in extreme pain, with a laceration to her left anterior thigh, among other injury complaints. A CT scan confirmed an open left femur fracture, as well as a displaced medial malleolus fracture of her right ankle, and facial fractures of her left superior lateral orbital rim, left posterior later wall of the maxillary sinus and left zygomatic arch. She also experienced blunt torso trauma, closed head trauma and a left upper arm contusion.

The plaintiff was intubated due to her extreme pain and later underwent surgeries on her fractured femur and ankle. She had rods and screws inserted in her ankle, and required a follow-up surgery to remove them. The total of her claimed medical costs was $175,078.

The plaintiff  was in her senior year of high school at the time of the accident and missed several senior activities. She was able to attend graduation. She claimed that the severity of her injuries would limit her physical activities in the future, such as tennis and jogging, due to residual chronic pain and stiffness. She sought damages for medical costs and past and future pain and suffering.

The defense contended the nature and extent of the plaintiff’s injuries.

Verdict Information

The case settled for $1.25 million.