3. CASE NAME: Josephine Heptinstall v. Shirley & Eddie Lee



6. SETTLEMENT DATE: January 16, 2001

7. TYPE OF CASE: Pedestrian/Auto Accident - Personal Injury

8. SETTLEMENT AMOUNT: $1,250,000.00 (State Farm Insurance Policy Limits)

9. COUNSEL A. Plaintiff:

Omar I. Habbas, Esq.

Habbas, Amendola & Nasseri

210 N. 4th St., #100

San Jose, CA 95112

Office: 408-278-0480

Fax: 408-278-0488

Party Represented: Josephine Heptinstall

B. Defense: William McDowall, Esq.

McDowall, Cotter, Vale, Bracco & Kelly

P.O. Box 937

San Mateo, CA 94403



Parties Represented: Shirley & Eddie Lee

10. PARTIES: Plaintiff: Josephine Heptinstall

Date of Birth: 3/19/54 (56 years old)

Occupation: Nurse (Redwood City Convalescent Center)

Defendants: Shirley Lee (driver) & Eddie Lee


of vehicle)

11. FACTS: On 9/6/00, at the approximate hour of 6:30 p.m., plaintiff was walking across B Street, at the intersection of Third Street, in the City of Hayward, in a legally marked crosswalk. As she continued walking, the defendant, Ms Shirley Lee, who was driving her 1991 Mazda vehicle in an easterly direction on B Street, entered the subject intersection and collided into the plaintiff.

Plaintiff's head struck the defendant's windshield after which plaintiff's body was hurled approximately 12 feet east of the crosswalk and was rendered unconscious. The defendant admitted to the investigating officer that she did not see the plaintiff prior to the impact. She further indicated that she entered the intersection at a speed of 18 mph and continued to accelerate until the collision occurred.

Several independent witnesses indicated that the defendant was traveling at a speed of 30-40 mph at the time of the actual impact. The posted speed limit on B Street is 25 mph. The defendant was issued a citation for violation of California Vehicle Code Section 21951(a) - Failure to Yield to a Pedestrian in a Marked Crosswalk. Defendants have never disputed liability.

12. CLAIMED INJURIES: Plaintiff's injuries include a skull fracture with right front hemorrhaging, paresthesia of the left upper extremity, cognitive impairment and a left tibial plateau fracture.

Plaintiff was initially admitted to Eden Hospital and then transferred to Kaiser Hospital until her discharge on 10/4/00. She Was then admitted to Eden West Convalescent Hospital for intensive Rehabilitation until her discharge to her home on or about 1/4/01.

13: CLAIMED DAMAGES: Plaintiff incurred approximately $150,000.00 in medical bills. The liens were negotiated down to approximately $25,000.00 in full.


State Farm Insurance

1818 Trousdale Drive

Burlingame, CA 94010

Adjuster: Philip Drees

15: COMMENTS: The policy limits of $1,250,000.00 was paid out in the form of up front cash of approximately $700,000.00, with the remaining funds utilized for the purchase and funding of an annuity that would provide both monthly and lump sump payments over the life of the plaintiff, with guaranteed payouts over 40 years.