3/26/2008 – McDermott v. Smith - Settlement: $400,000
RESULT DATE: June
24, 2005
Case I.D. Confidential
San Diego Superior
TOPIC: Personal Injury
SUB TOPIC: Auto v.
Motorcycle
FURTHER DESCRIPTION: U-Turn Collision
SETTLEMENT: $400,000
ATTORNEY:
Plaintiff - Aimee E. Kirby (Kirby, Kirby & Kirby,
Redondo Beach); Steven C. Kirby, Margaret L. Kirby (Kirby, Kirby and Kirby,
Redondo Beach).
Defendant - Scott J. Laqua, J.D. (Law Office of Bryce O.
Willett, San Diego).
FACTS: The plaintiffs, Brian and Ruth McDermott, were riding
Brian's motorcycle, with Ruth sitting behind Brian, on a two lane highway,
heading westbound. The defendant, Phillip Brendan Smith was driving his vehicle
eastbound, when he was stopped in traffic and made an illegal u-turn (crossing
the solid yellow line) into westbound traffic. The motorcycle collided with the
car, ejecting both Brian and Ruth from the motorcycle. The plaintiffs contended
that the defendant was at fault and caused the injuries suffered by both Brian
and Ruth.
The plaintiffs contended that the defendant was at fault and
caused the injuries suffered by both Brian and Ruth.
INJURIES: Ruth suffered loss of consciousness, concussion,
closed head injury, post traumatic stress disorder, memory loss, angulated
fractures to two of her fingers requiring open reduction, pinning and secondary
surgery to remove the pine, right ulnar neuropathy, contusions, lacerations,
shoulder pain, compression fracture at T8, dilated right pupil, abdominal pain,
fractured ribs, neck, back, and chest pain, and strained ankles. Brian suffered
pain, swelling, and tremendous road rash and bruising to his back, hip and
buttocks, 8 mm nodular density of the right upper lobe, bimalleolar avulsion
fracture of the ankles, anxiety and lower back pain, stiffness, and numbness
and tingling.
SPECIALS IN EVIDENCE: MEDS:
$98,767 Future MEDS: $25,000
SETTLEMENT DISCUSSIONS: The case was settled for $400,000
before John B. Little (pro tem judge).
OTHER INFORMATION: Defense counsel disputes the facts alleged
in this report.
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