Woman Claims Distracted Driver Ran Red Light - Settled for $615,000
Woman claimed distracted driver ran red light
SETTLEMENT $615,000
CASE Robbie Ann Oliviera v. Terry Pedicone; Mary Pedicone; Scott Swanson; and Orange County Patio, Inc., No. 03CC05406
COURT Superior Court of Orange Country, Santa Ana, CA
JUDGE David R. Chaffee
DATE 4/2/2004
PLAINTIFF ATTORNEY Shawn Nelson, Rizio & Nelson, Santa Ana, CA
DEFENSE ATTORNEYS Ted D. Lee, Darlington, Robertson & Lee, Santa Ana, CA (Orange County Patio Inc.)
Kerry Sorensen, Gilbert & Kelly, Orange, CA (Mary Pedicone, Scott Swanson, Terry Pedicone)
FACTS & ALLEGATIONS
On July 9, 2002, plaintiff Robbie Ann Oliviera, 40, a cusromer service representative, was driving her Mazda south on Towne Centre Drive in Lake Forest when her vehicle was struck by a 1990 Honda Civic travelling east on Lake Forest Drive. The Honda was being driven by Scott Swanson, who was in the course and scope of his employment with Orange County Patio Inc. Swanson had borrowed the vehicle from Mary and Terry Pedicone. The collision caused moderate damage to both vehicles.
Oliviera sued Swanson, alleging negligence; Orange County Patio Inc., Anaheim, based upon an agency theory of respondent superior; and the Pedicones, alleging negligent entrustment. Oliviera contended that Swanson was distracted by reading a map and entered the intersection on a red light. Swanson 'initially denied that he was in the course and scope of his employment with Orange County Patio at the time of the accident; however, he later admitted it at his deposition. The Pedicones did. nor dispute Oliviera’s contentions; however, they wanted the Orange County Patio policy to cover the loss. Orange County Patio disputed that its general liability policy covered the vehicle driven by Swanson, and did not admit coverage at any rime during litigation.
INJURES/DAMAGES
carpa tunnel syndrome;herniated disc at L5-SJ
Oliviera claimed that as a result of the accident, she suffered a 3-mm central disc protrusion at L5.1 and carpal runnel in both wrists. She treated with physical therapy for three months, but claimed that the pain did not lessen. Oliviera was then scheduled for a three-level spinal fusion that was expanded to four levels during the surgery. Oliviera's symptoms continued post-operatively, and it was determined that the hardware placed during surgery failed. She .then
underwent a second spinal surgery to repair the failed four-level fusion. She later underwent surgery to both wrists to treat her carpel runnel syndrome. Oliviera claimed that as a result of the injuries, she was declared permanently disabled by the Social Security Administration. She claimed $271,949 in past medical expenses and $1.3 million (present value) for future loss of earnings.
RESULT
On the evening before trial, the case was settled for $615,000 (policy limits for all defendants). Orange County Patio will pay $500,000; the Pedicone’s will pay $ 100,000; and Swanson will pay $15,000.
DEMAND
Policy limits to all defendants
OFFER
None responded
INSURER(S)
Auto Club for the Pedicone’s Insurance Co. of New York for Orange County Patio
Allstate for Swanson
PLAINTIFF EXPERTS
Peter Formuzis, economics, Santa Ana, CA
Michael H. Sukoff, M.D., neurosurgery,Tustin, CA
DEFENSE EXPERT
Alan M. Strizak, M.D., orrhopedic surgery, Laguna Niguel, CA
