Injured joggers get $49 million from Dana Point

[one...two...tree 2,762]

Two women left permanently disabled after being struck by a car while jogging along Pacific Coast Highway reached a $49-million settlement today with the city of Dana Point.

The lawsuit brought by Carol Daniel, 42, and Stacy Neria, 35, both mothers of three who live in San Clemente, was scheduled to go to trial today. Instead, it ended with one of the largest settlements in Orange County history.

The women were hit by William Todd Bradshaw, who failed to stop at the scene. Bradshaw was arrested, convicted and sentenced to four years in prison.

Daniel and Neria were jogging with two other women in the bicycle lane on the northbound side of PCH when they were struck April 8, 2006. The impact tossed Daniel about 60 feet, breaking her neck and pelvis and nearly severing one of her legs. Neria suffered a fractured skull, broken legs and a broken pelvis, nose and cheek. The other two women were not injured.

"It's a bittersweet result for both women and their families," said Daniel J. Callahan, the women's attorney. "They're pleased that they're going to have the ability to take care of themselves into the future. But their lives were forever changed."

The lawsuit alleged that the road was unsafe because the bike lane was too wide -- possibly causing drivers to mistake it for another lane -- and improperly marked. The city has since added in concrete barriers protecting joggers and bicyclists.

The city's insurer, the California Joint Powers Insurance Authority, oversaw the settlement discussions, Dana Point officials said. The settlement will be paid in a lump sum from four policies, Callahan said.

According to the city, the settlement was $49 million. Callahan said the figure was closer to $50 million.

Dana Point Mayor Diane Harkey said the settlement will "help provide a better quality of life for the two survivors."

"This was a really sad accident," she said. "It upset two families and it's just a shame that the guy driving was a criminal," referring to Bradshaw's three previous drunk driving convictions.

david.reyes@latimes.com

http://www.latimes.com/news/local/la-me-se...=la-home-center

[Mr. Big Dog 10,747]

"It's a bittersweet result for both women and their families," said Daniel J. Callahan, the women's attorney.

Nothing bitter for the lawyer here, I take it. 35% of $49 million ought to be purely sweet...

[one...two...tree 2,762]

"It's a bittersweet result for both women and their families," said Daniel J. Callahan, the women's attorney.

Nothing bitter for the lawyer here, I take it. 35% of $49 million ought to be purely sweet...

I'm really surprised that the city settled out of court and over that much money.

[Mr. Big Dog 10,747]

"It's a bittersweet result for both women and their families," said Daniel J. Callahan, the women's attorney.

Nothing bitter for the lawyer here, I take it. 35% of $49 million ought to be purely sweet...

I'm really surprised that the city settled out of court and over that much money.

The city's taxpayers will be too when they get their next property tax statement.

[Ban Hammer 14,297]

"It's a bittersweet result for both women and their families," said Daniel J. Callahan, the women's attorney.

Nothing bitter for the lawyer here, I take it. 35% of $49 million ought to be purely sweet...

I'm really surprised that the city settled out of court and over that much money.

The city's taxpayers will be too when they get their next property tax statement.

and the lawyers get to buy a dozen bmw's.

[Fandango 1,440]

That's just bullsh!t if you ask me.

[JeanneVictoria 55]

Poor taxpayers

[Peikko 1,575]

What's wrong with being compensated for being severely injured if the insurance is in place? (As I read it, they are both paralized which would mean that neither can now persue their careers. Who knows what their careers where and how much they might have earned over the rest of their working lives? etc etc etc) The money is coming from insurance and not directly from the tax payer. Maybe the insurance will be increased, but I don't suppose that the individual tax payer will notice much difference.

If it's the system of adjudicating the compensation that's the problem, well fine, but these two women are not responsible for the system as it stands and sour grapes over their compensation is bullshite.

[perfect 39]

Whilst I understand their lives have changed beyond what you would wish upon anyone I can't understand how this case ever got this far as it was reportedly based upon the fact that "the City" was doing work on PCH at the time of the accident and had failed to provide a safe alternative route for the women to run in. Where does personal responsibility come in? - no-one made them run on that piece of road which they could see was under construction. They could have chosen to run in a different place altogether - the beach is literally just the other side of the road.

It seems unfair that because of a bad choice on their part which resulted in personal loss they can then turn around and sue the city at all, let alone for that amount of money.