ClickCease Premises Liability | Walkup, Melodia, Kelly & Schoenberger

Premises Liability

In Pedestrian v. Parking Contractor, (No. Cal. Sup. Ct., court and number confidential) Richard Schoenberger and Matthew Davis negotiated a $8,750,000 settlement on behalf of a 59-year-old woman who sustained a traumatic brain injury when she was struck by a vehicle driven by a parking lot attendant in a commercial parking garage. The defendant’s employee was retrieving a car, driving at high speed, in reverse, when he struck the pedestrian at three to four times the garage’s posted speed limit. The force of the impact caused complex skull fractures, a massive subdural hematoma with a midline shift, and multiple orthopedic injuries. The acute trauma and residual brain injury destroyed our client’s physiological and emotional quality of life. The defendant conceded negligence but alleged significant comparative fault on the part of the plaintiff for failing to see and react to the moving vehicle. The benefit package negotiated by Rich and Matt ensures the plaintiff will receive necessary care throughout her life.