1. DOCKET NO.: 1-10-CV-163781
2. COURT/BRANCH: SUPERIOR COURT OF CALIFORNIA -COUNTY OF SANTA CLARA
3. CASE NAME: GINA LYNN WILSON-MALES vs.
RYAN NATHANIEL RACEY, SCHINDLER ELEVATOR CORPORATION
4. TRIAL TYPE: N/A
5. MEDIATOR John R. Williams, Esq. 110 North Third Street San Jose, CA 95112
6. SETTLEMENT DATE: September 2011
7. TYPE OF CASE: Auto Accident
8. SETTLEMENT AMOUNT:
Omar I. Habbas, Esq.
Habbas, Amendola & Nasseri
675 N. First Street, Suite 100
San Jose, CA 95112
Steven R. Cavalli, Esq.
Gwilliam, Ivary, Chiosso, Cavalli &
1999 Harrison Street, Suite 1600
Oakland, CA 94612
Parties Represented: Gina Lynn Wilson-Males (12-14-72)
William H. Staples, Esq.
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Parties Represented: Ryan Nathaniel Racey
Schindler Elevator Corp.
Plaintiff': Gina Lynn Wilson-Males
Defendants: Ryan Nathaniel Racey
Schindler Elevator Corporation
This matter arises from an automobile collision that occurred on October 8, 2008, at the approximate hour of 10:00 am on I-280, in the City of Cupertino, State of California.
The collision occurred when Schindler Elevator Corporation's employee, Mr. Ryan Racey, who was driving northbound on I-280 failed to timely observe slowing/stopped traffic ahead of him, with the result that he crashed into the rear end of Ms. Wilson-Males' vehicle with such force that her vehicle was propelled forward into a stationary vehicle in front of her resulting in a further chain reaction collision involving three additional vehicles.
12. CLAIMED INJURIES:
Ms. Wilson-Males, who was 35 years of age at the time of the collision, sustained a cervical disk herniation at the C6-7 level and an incisional hernia. She underwent three surgical procedures: 1) an anterior cervical discectomy at C6-7, anterior cervical foraminotomy at C6-7 bilaterally, anterior fusion using human allograft struts and demineralized home matrix gel, C6-7, and anterior fusion, C6-C7, using Synthes anterior cervical plates and screws; 2) an abdominal ventral hernia repair; and a second abdominal ventral hernia repair when the initial repair failed.
13: CLAIMED DAMAGES:
Plaintiff incurred economic damages in the approximate amount of $270,000.00.
She was terminated from her employment as a dental assistant due to the time off she was forced to take as a result of her injuries and surgeries. The costs for her medical treatment to date total $202,664.67
14: INSURANCE CARRIER:
2920 Kilgore Road
Rancho Cordova, CA 95670
Adjuster: William Plank
15: COMMENTS: Settled for $1,250, 000.00 one week before trial.