Client awarded $2.8 million after being struck by delivery van

Dale Minami obtained $2.8 million through a settlement for client “Bill” who was struck by a delivery van that ran through a red light.

In March 2014, Bill was riding his motorcycle through a green light when a delivery driver ran a red light and hit him. The van driver claimed grueling overtime hours and unreasonable amount of deliveries as causes of his excessive speed and inattentiveness. The van was rented by the delivery driver’s employer, Progistics Distribution, Inc., which admitted liability.

Bill suffered multiple traumatic injuries, including a right scapular fracture; a right posterior AC separation, grade 2; a right T1 transverse process fracture; right-sided rib fractures at 2 through 8, with multiple segment fractures; a right pelvis fracture (iliac wing with extension into right sacroiliac joint); a right inferior and superior pubic rami fracture; a right open bimalleolar ankle fracture with talar/tibial dislocation; and a left ankle lateral malleolar avulsion fracture.

Due to the extent of his injuries, Bill was partially disabled, but thankfully has made significant improvement. He is restricted in his martial arts and ballet hobbies, and he was not able to complete his classes to obtain his Master’s Degree. Without his Master’s Degree, the nonprofit where he worked as a counselor could not sponsor him any longer, so he was forced to return to Hong Kong. He may require at least four future surgeries for removal of hardware, revision and repair to his joints, as well as an ankle replacement.

Dale argued that the accident was nothing short of life changing for Bill.  We stressed the significant injuries and permanent disabilities this accident caused and the compromise to Bill’s lifestyle. Defendants requested mediation with mediator Michael Ney. The case settled for $2.8 million to be paid by Progistics Distribution, Inc., and $5,000 to be paid by Airport Van Rental, which owned the delivery van.

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