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Archived Case Resolutions
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2/7/2008 – Kalajanien v Haldeman: Settlement: $140,000
RESULT DATE: Dec. 20, 200708-JV_102
Edward Kalajainen, Stephanie Kalajainen v. Steven Haldeman, Joshua Haldeman (37-2007-0067518)
Mediator Debra A. Dominski
San Diego Superior
TOPIC: Personal Injury
SUB TOPIC: Auto v. Motorcycle
FURTHER DESCRIPTION: Left Turn Collision
SETTLEMENT: $140,000
ATTORNEY:
Plaintiff - Margaret L. Kirby, Steven C. Kirby (Kirby, Kirby & Kirby, Redondo Beach).
Defendant - Everett S. McAdoo, Jr. (Bonnie R. Moss & Associates, San Diego).
FACTS: On June 20, 2005, at approximately 3 p.m., plaintiff Edward Kalajainen, an active duty U.S. Navy was operating his
motorcycle westbound on B Street in San Diego when defendant Joshua Haldeman, made a left turn in his path.
PLAINTIFF'S CONTENTIONS: The plaintiff contended that his direction of travel had no traffic control and he was traveling within
the speed limit and the defendant made an unsafe left turn.
DEFENDANT'S CONTENTIONS: The defendant contended that he started his left turn but stopped and plaintiff's motorcycle
impacted his vehicle. The defendant disputed that the plaintiff's fracture was related to the accident.
INJURIES: The plaintiff suffered a complete tear or the MCL and complex tear of the posterior horn of the lateral meniscus. Surgery was attempted but aborted as his Naval doctors have indicated that reconstructive surgery will eventually be necessary. He continued to use a knee immobilizer and worked light duty. On June 22, 2006, while standing on a ladder at home, he fell fracturing the ankle of the same leg. He had surgery with rods and plates and suffered from post-surgical infections, ultimately requiring skin grafting. All medical care was rendered through the Navy. Stephanie Kalajainen claimed loss of consortium. She was previously a stay at home mother to their two young sons and had to return to work following the accident.
DAMAGES: The plaintiff was a nuclear submarine propulsion plant operator at the time of the accident and his injuries restricted him from sea duty. While he continued to receive his base salary during his treatment, he did not receive the additional pay he would have received had he been at his duty post. His wage loss based on a decrease of $1,050 per month, which continued to the date of settlement. He applied for and was eventually cleared to return to sea duty and is awaiting a new duty submarine.
SPECIALS IN EVIDENCE: MEDS: $4,278; LOE: $30,450;
RESULT: The case settled for $140,000.
OTHER INFORMATION: FILING DATE: May 30, 2007.
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