Delivery car went up ramp onto sidewalk, crushing two men
DAILY JOURNAL
VERDICTS & SETTLEMENTS
May 4, 2007
SETTLEMENT: $14,500,000.00
CASE/NUMBER: Juan Diaz and John Doe v. Errant Delivery Co.
COURT/DATE: San Francisco Superior/Dec 2006
JUDGE: Hon. Thomas J. Mellon Jr.
ATTORNEYS: Plaintiff - Cynthia McGuinn, miles B. Cooper, Anthony L. Label (The Veen Firm, P.C., San Francisco) for Juan Diaz; Arnold Laub (Law Offices of Arnold Laub, San Francisco) for Juan Diaz; William C. Johnson (Bennet, Johnson & Galler, Oakland) for John Doe
FACTS: In march 2003, two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, wnet up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. The two men, Juan Diaz and John Doe were crushed between the car and building. Doe, then 58 years old, suffered traumatic amputation of both legs above the knee. Diaz then 27 years old, sustained a severe crush injury to his left leg.
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The Errant Delivery Co. driver contended that the car's brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 mph.
INJURIES: Diaz's left leg was crushed. While doctors were able to save the leg, the repair required more than 14 surgeries over a two year period, including multiple skin and muscle grafts. Diaz was able to walk again but will walk with cane for the remainder of his life. At the time of the accident, Diaz worked at a fast food restaurant as a swing shift supervisor.
John Doe suffered traumatic amputation of both legs above the knee at the scene. He was working as an artisan furniture restorer and woodworker at the time of the accident. As part of his care, Doe was provided with C-legs, sophisticated computer-controlled prosthetics.
RESULT: Settlement, $14.5 Million.
OTHER INFORMATION: An early dialogue can help all sides. In early 2005, Errant Delivery Co.'s counsel contacted plaintiffs' counsel to say that Errant Delivery Co. wanted to make a pre-resolution partial settlement payment ti provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 million at that point.
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