NEGLIGENCE/PERSONAL INJURY: Auto vs. Pedestrian -- $650,000 Personal Injury Settlement

Douglas C. Weinstein of Slovis, Rutherford & Weinstein represented a young woman named Akiko Wanikawa, a Japanese student who had just started classes at the University of Tennessee. She was standing on a street corner on the University campus preparing to cross busy Cumberland Avenue. In front of her, on the yellow/amber light, a car was starting to turn left onto a side street. To her left, another vehicle, seeing the yellow/amber light, speeded up to try to "beat" the light. He swerved to avoid the left-turning vehicle, jumped the sidewalk, and struck Akiko with the full force of his Dodge SUV. Akiko, miraculously, survived the injury, but was seriously injued, with multiple fractures. She was admitted the the University of Tennessee Medical Center for two weeks and was then transferred to NHC Rehabilitation Center, where she stayed for over two additional months.

Investigation of this case turned on determining the liability insurance policies that applied to the two involved vehicles. It turned out that there was good insurance on the left turning vehicle. On the striking vehicle, it was learned that the driver of that SUV was at the time of the collision on-the-job for a Cumberland Avenue restaurant, and was on his way to make the restaurant's bank deposit when he hit Akiko. Luckily, therefore, there was plenty of insurance coverage to compensate her.

Because Akiko was returning to Japan immediately after her release from the rehabilitation hospital, Doug filed suit right away, and set up depositions, so as to give the lawyers for the defendants their chance to take Akiko's testimony and avoid a costly trip to Japan for that purpose later on. Doug hired a Japanese translator to help Akiko and her Japanese mother during the deposition.

Akiko made an excellent witness on her own behalf. In part because of her effectiveness as a witness, in part because the fault was so clear, and in part because the injuries were so serious, the parties settled the case for $650,000 only eight months after filing suit, and less than a year after the accident happened.

For More Information Contact:

Douglas C. Weinstein
Slovis, Rutherford & Weinstein, P.L.L.C.
Eighth Floor, Medical Arts Building, 603 Main Avenue, Knoxville, Tennessee 37902

Tel: (865) 544-0550

Toll Free: 866-LAW-KNOX [529-5669]

FAX: (865) 637-2372

Email: dcw@knoxlawyers.com