$3.5M Settlement to Help Brain Injured Client with Care and Lost Wages

pedestrian-crossingDale Minami, Mark Fong and Seth Rosenberg in our Personal Injury practice recently obtained a $3.5 million settlement for a man who suffered brain injuries after being struck and knocked unconscious by a waste management truck while walking in a crosswalk in San Francisco.

The client, “George,” had to undergo emergency neurosurgery to relieve bleeding and pressure on his brain. Afterward, he required physical therapy and rehabilitation. The incident prevented him from continuing work as a mechanic for San Francisco’s Municipal Transit Authority.

The defendants, the company that owned and operated the truck, litigated the case for more than a year, claiming that George was not paying attention in the drizzling rain. They claimed the umbrella he was holding blocked his view of the right turning truck, as well as the driver’s view of him.

Lawyers for George were able to prove that he had suffered subtle, but significant mental and emotional changes and, using advanced technology, could demonstrate through a simulated video that the truck driver could have seen George despite the conditions and the rain.

The defendants eventually agreed to pay George $3.5 million dollars for his past medical expenses, lost wages, future care and residual brain damage. He will now be able to afford life care assistance for the rest of his life and not have to worry about his future medical care or providing for his family.

Dale, Mark and Seth felt the settlement sent a message to the truck company to pay more attention to the safety of the public and will donate some of their attorneys’ fees to the distribution of a pamphlet on pedestrian safety.

“I’ve seen so many auto/pedestrian accidents in San Francisco where drivers were simply not paying attention,” said Dale. “I’m glad we were able to help George’s family.”

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