Intersection collision: Failure to heed red light: Improper lookout: Knee injury: Emotional distress: Settlement

Law Reporter, Dec 1998

Ferroni v. R.L Chaides Const Co., Cal., Santa Clara County Super. Ct., No. CV762674, May 28, 1998.

Ferroni, 36, was driving through a highway intersection when his pickup truck was hit by Flores's truck. Ferroni suffered aggravation of a preexisting right knee injury requiring surgery. He later developed a serious infection in his right leg, which prevented the surgical wound from healing and developed into osteomyelitis. He required another surgery to close the wound. Ferroni also suffered serious emotional distress. He experiences insomnia, anxiety, and panic attacks and was diagnosed as having depression and adult adjustment disorder. His medical expenses tota(ed about $119,700.

Ferroni sued Flores, alleging he had failed to heed a red light and keep a proper lookout. Plaintiff also sued Flores's employer under respondeat superior. Plaintiff did not claim lost wages.

Defendants contended that plaintiff had been speeding and had failed to wear his seat belt. Plaintiff denied these contentions.

The parties settled before trial for $830,000, paid by the employer.

Plaintiff's experts included John C. Becker, orthopedic surgery, and William MacMaster, psychiatry, both of Mountain View, Cal.; and Vincent D. Lepore, plastic surgery, and Michael T. Charney, infectious diseases, both of San Jose, Cal.