A 43-year-old physician was jogging in Marblehead, Massachusetts. As she ran along Atlantic Avenue, a car driven by the defendant swerved and struck her in the left side. The plaintiff was thrown onto a nearby yard and rolled. Police and an ambulance came to the scene. The defendant was arrested and charged with drunk driving. The plaintiff was taken by ambulance to a local hospital where she was treated and released. The plaintiff suffered soft tissue injuries to her left buttock with associated neuropathic pain down her left leg. She did not have surgery, but was able to relieve her symptoms through physical therapy.
Despite being arrested for and convicted of drunk driving, the defendant put up a liability fight. After two years of litigation and five depositions, the case settled shortly before trial.
The case settled through negotiation with the insurance company for $90,000.