On May 14, 2013, K. and D. Miller, and their then 18 month-old-son, M.,
were traveling north on U.S. 101 in San Mateo when they were rear-ended
by a box truck that failed to see that traffic ahead had slowed to a crawl.
The impact crumpled the rear of the Miller’s Ford Explorer, and
rendered it a total loss.
At the time of the collision, K. was driving, D. was in the front passenger
seat, and M. was belted into a forward-facing convertible car seat in
the back seat. The impact caused both front seats to recline forcefully
back, likely causing the fracture to M.’s left tibia and fibula.
D. was ultimately diagnosed with an acute cervical strain, and K., a resident
in neurosurgery at Stanford, sustained injuries to the neck, shoulders
and back, and continues to experience ongoing pain in the shoulder.
The attorneys at Walker, Hamilton, Koenig & Burbidge successfully negotiated
a $72,000.00, settlement, despite the defendant’s repeated contentions
that the Millers were not injured in the collision. WHK successfully presented
to the court a petition for the approval of M.’s claim. Part of
the settlement was used to purchase an annuity for M., who is now 3 years
old, which will earn interest until he turns 18 and begins to receive
periodic annual payments.