Representative Cases: Please note that every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case. Prior results do not guarantee a similar outcome.
Commercial Truck v. Pedestrian: $5 Million Recovery
Our client was a 75 year-old mother of 5 and grandmother of 10 who was out for her morning walk in the Nob Hill area of San Francisco. While crossing the street in the crosswalk, she was struck on her left side by a large commercial truck. After striking her, the truck then rolled over the lower half of her body and dragged her approximately 6 feet. She suffered a crushed pelvis and required multiple surgeries, including amputation of her left leg. The defendant claimed our client was not visible to the truck driver but we proved through accident reconstruction and visibility studies that he had to have seen her if he was paying attention. Dale Minami, Mark Fong, Seth Rosenberg and Eunice Yang represented the Plaintiff.
Garbage Truck v. Pedestrian: $3.5 Million Recovery
We represented a 62 year old mechanic for MUNI, who was struck by a garbage truck while crossing the street near his home In San Francisco. He suffered a fractured skull, brain damage, broken ribs and cognitive defects (personality changes). The defendant claimed our client was partly responsible for the accident by holding an umbrella which blocked his vision and by ignoring the approaching truck. We performed a digital reconstruction of the accident which proved the truck driver should have seen our client crossing directly in front of him. We also obtained state of the art MRI imaging of our client’s brain to show the residual brain damage which was the cause of his personality changes, which are likely permanent. Defendants then settled our client’s claim after a series of mediations. Dale Minami, Mark Fong, Seth Rosenberg and Eunice Yang represented the Plaintiff.
Pedestrian Fatality from Auto: $1,750,500 Settlement
On December 19, 2013, our clients’ wife and mother, an 84-year-old community activist, was walking across the street in San Francisco’s Chinatown, intending to put groceries in the trunk of her parked car, when she was struck by the Defendant’s Lexus. The defendant, age 76, had stepped on the gas pedal instead of the brake, which caused her car to speed out of control and strike the decedent, as well as three parked vehicles and a light pole. The decedent was killed in the crash. Defendant claimed she suffered a stroke that caused her to mistake the gas for the brake, and this “sudden medical emergency” excused her from being at fault for the crash. She claimed bleeding on her brain seen on MRIs taken after the crash showed she had a degenerative brain condition called cerebral amyloid angiopathy, which caused her stroke. We argued the impact of the crash caused the Defendant’s brain bleeding, and the bleeding was the result, not the cause, of the crash. There was no convincing proof defendant had the degenerative brain condition she claimed she had, or that this condition made her mistake the gas for the brake. Discovery was unusual in that Defendant placed her medical condition at issue in order to assert the “sudden medical emergency” defense. We deposed all of the doctors who treated her after the crash. They agreed Defendant’s brain bleeds were caused by trauma from the crash, and therefore did not play a role in causing the crash. We also hired a world-renowned trauma neuroradiologist who testified that Defendant’s brain bleeds were caused by the trauma of the crash. The case was settled at mediation for $1,750,500 shortly before trial, by partner B. Mark Fong (lead counsel) and associate Seema Bhatt. Partner Dale Minami also assisted.
Motor Vehicle v. Pedestrian: $1,115,000 Recovery
Our client was a 68-year-old recently retired engineer was crossing El Camino Real in Sunnyvale. While crossing the street in the crosswalk, he was struck by an inattentive driver traveling at 45 miles per hour. The force of the collision threw our client more than 35 feet in the air before he struck the ground. As a result of the collision, our client was in a coma for over one month. He required disc fusion surgery in his neck, a left arm fracture, suffered multiple rib fractures, facial fractures, and blunt force trauma to almost all of his internal organs. After investigating the driver of the vehicle, we were able to determine that he was the owner of a moving company and was working for his company at the time of the accident. Based on the severity of the injuries and the evidence, the case settled for $1,115,000 before going into litigation. Our client’s paid medical bills totaled over $1 million. After we obtained a settlement for our client, we focused our attention on reducing our client’s reimbursement to his health insurance company. We decided to apportion the total settlement between our client and his wife, and worked out an agreement with his health insurer’s subrogation agent to reduce his total reimbursement amount to $184,500, maximizing his total net recovery. Dale Minami and Mark Fong represented our clients.
Taxi Cab v. Pedestrian: $1 Million Recovery
While walking in a crosswalk in San Francisco, our client, a 65 year-old retired Korean American woman, was hit by a taxi cab. She suffered traumatic brain injury resulting in vision problems, headaches, cognitive defects, personality changes, depression and difficulties with memory. The cab company claimed her damages were not as severe as we argued and initially refused to pay its policy limits of $1 million. After several mediations, it finally paid the policy limits. Dale Minami, Mark Fong, Seth Rosenberg and Eunice Yang represented the Plaintiff.
Pedestrian v. Underinsured Motorist Vehicle: $540,000 Settlement
In another unfortunate pedestrian accident, our client was walking home from the UC Berkeley campus in a crosswalk on a green light when she was struck by a large sedan. She was slammed to the ground, striking her face and fractured four teeth, requiring implants and bone grafts. Partner Dale Minami, Senior Counsel Mark Fong, and Associate Eunice W. Yang obtained the $25,000 policy limits of the driver of the sedan, and in addition, obtained a $540,000 settlement for our client at mediation against her own insurance company under an Underinsured Motorist Claim. In addition, the team claimed reimbursement of $20,000 medical payments. In total, the team recovered $585,000 for our client.
Pedestrians v. Motor Vehicle – Couple Hit by Truck: $385,000 Recovery
In another pedestrian injury case, an elderly couple was attempting to cross a wide street in a Berkeley crosswalk when they were struck by the defendant’s car. After they were more than half way across the street they noticed a car that was not slowing down to let them cross. The defendant claimed the sun was directly in his eyes which caused him not to brake until the last second. The wife suffered multiple hip fractures while the husband suffered a broken femur. Both required hospitalization. The case was settled for $385,000 by Dale Minami.
Pedestrian v. Motor Vehicle: $300,000 Recovery
Our client was a 70-year-old woman who was crossing a busy street in San Francisco. Before crossing, she waited for all of the cars to pass so she could cross safely. She was 12 feet into the crosswalk when she was struck by the defendant and thrown 17 feet by the force of the impact, suffering a fractured pelvis, fractured knee as well as a closed-head injury. Mark Fong represented our client.
Pedestrian v. Underinsured Motor Vehicle: $300,000 Recovery
As our client was crossing the street in the crosswalk with a green light, the defendant drove from behind him, made a left turn and struck him. Our client smashed his head on the windshield and was thrown off the hood of the car onto the pavement. The defendant driver had an insurance policy limit of only $15,000. Due to the severity of the injuries, Dale Minami was able to obtain another $275,000 from our client’s own insurance policy, which represented the policy limits of the client’s policy.
Pedestrian v. Motor Vehicle: $150,000 Recovery
Our client, a 37 year old Assistant Manager for a bank, was struck in the crosswalk by the defendant, who was turning left in his car. Our client suffered multiple compression and transverse process fractures to the vertebrae in her spine. Dale Minami was able to obtain the policy limits of $100,000 from the defendant’s insurance company and another $30,000 from the defendant personally.
Pedestrian v. Auto – Brain Injury: $140,000 Recovery
While crossing a busy street in a crosswalk in the San Francisco, our client noticed a City truck making a right turn toward him. The client realized the truck driver did not see him, and turned to head back to the sidewalk. Before he could reach the sidewalk the truck struck him, knocking him out of the crosswalk and causing him to suffer a brain injury. The City employee claimed our client had simply fallen down and was not struck by the vehicle. However, a witness in an office building saw the accident and even heard a “thud” from the impact from inside the building. Based on the evidence presented the City settled for $140,000. Seth Rosenberg and Dale Minami handled this case.
Pedestrian v. Underinsured Motor Vehicle: $100,000 Arbitration Award
The family of a doctor who was killed by a car brought a claim against their own insurance company and the driver who struck him. The highly regarded doctor was jogging across a busy street in the crosswalk when he was struck by the defendant motorist. It was raining heavily that night, and the motorist claimed to have never seen him. Witnesses testified the defendant had been driving too fast for the conditions and that he should have been aware of pedestrians, as there were lines of people waiting to see a movie. After a binding Arbitration, Dale Minami obtained a total of Award of $100,000 which represented the maximum Award possible from the motorist, and the clients’ own underinsured motorist insurance policy.
Pedestrian v. Motor Vehicle: $100,000
A 92 year-old woman was badly injured when she was struck by the defendant’s car while crossing the entrance to a supermarket parking lot. The defendant, who was driving the wrong way while leaving the lot and our client suffered an elbow fracture, broken heel and a fractured bone in her foot. She required surgery and was hospitalized for 53 days. The defendant paid his insurance policy limit of $100,000 for the case.
Uninsured Motorist – Hit-and-Run: $105,000 Recovery
We represented a man who was walking with a large crowd of people after a 49ers game in San Francisco. They left the stadium and were crossing the street when an unidentified SUV hit our client in the crosswalk and then sped off. Our client suffered a torn meniscus and ligament damage to his knee, which required surgery. We were able to recover a recovery of $105,000 from the client’s own uninsured motorist insurance policy.
Pedestrian v. Auto – Thigh Necrosis (Surgery): $110,000 Recovery
Our clients, an 18 year-old high school senior and her mother, were walking on a sidewalk in San Francisco while the defendant driver was double parked in a bus zone on the street next to them. When he saw a bus approaching, the defendant attempted to back out of the spot, not realizing his car was in drive rather than reverse. When he stepped on the gas pedal his car jumped the curb and pinned the two women against a glass store front, breaking the window and causing a deep gash to the leg of the 18 year old girl. The cut left large scars and indentations along her knee and thigh. A lipoma developed underneath her skin which required surgery to remove and the surgery left further scarring on the young woman’s leg. The case settled out of court with the defendant’s insurance company for $110,000 by Seth Rosenberg.
Pedestrian v. Auto – Underinsured Motorist Action – Hip Fracture: $100,000 Recovery
While walking through a supermarket parking lot, our 80 year-old client was struck by a car backing out of a parking space, knocked to the ground and caused to break her hip. The driver had a minimum insurance policy and as a result, the woman could only recover $25,000 from his insurance company. We made a claim on our client’s underinsured motorist policy, which resulted in an additional $75,000 recovery to her through the efforts of Seth Rosenberg.
Pedestrian v. Auto – Tailbone Fracture: $250,000 Recovery
Our 41 year-old Administrative Assistant client was walking to work in San Francisco and entered the crosswalk on a “walk” signal. Meanwhile, a limousine driver was attempting to make a left hand turn onto the street the woman was crossing. The limousine’s passenger yelled to the driver to “watch out,” but he continued to turn, striking our client and knocking her to the ground. She landed on her tailbone and was diagnosed with a fractured coccyx. She will suffer coccygeal pain for the remainder of her life and the accident caused her to develop Post-Traumatic Stress Disorder and Depression, which are also likely permanent. A claim was brought against the limousine company which employed the driver by Seth Rosenberg and the case settled with their insurance company for $250,000.
Pedestrian Killed by Bus: $425,000 Recovery
Our client was the 95 year-old mother of a man who was run over by a City bus in San Francisco. While crossing the street on a green light, the man saw the bus driver run the red light and frantically waved his arms to get the driver’s attention. Despite this, the bus driver hit our client’s son and dragged him until a witness yelled and honked at the driver to stop. The man was taken to the hospital where he suffered for five days, until he could no longer fight and his life support was removed. Dale Minami settled his mother’s wrongful death claim for $425,000.