Walton Law Firm just closed what Trip Walton called "the biggest case in the history of Lee County," resulting in $2.5 million for his client.
Shou Ju Chen, 35, was a visiting professor from China who was struck while walking in a cross walk on Magnolia Avenue between Thomas Street and Cox Street, Nov. 6, 2009.
The driver of the car was arrested at the scene of the accident for driving under the influence of alcohol.
Chen's husband filed a civil lawsuit quickly after the accident.
"She was in a coma, and it was thought 50/50 whether she was going to live or die," said Trip Walton, of Walton Law Firm, P.C., who handled her case.
In a normal civil suit, Walton said the procedure for making a claim usually begins once the injured person's medical treatments are finished and injuries are mostly healed, but because of the severity of Chen's injuries, they decided not to wait.
"We had to have interpreters through the whole thing," Walton said. "A typical five-minute conversation would take three hours."
Boxes full of files, forms, and photographs and every sort of applicable documentation were used to prove the seriousness of the case.
While the case didn't go to trial, Walton said that is typical for the clients he represents.
"Most cases are settled with the insurance companies," Walton said. "Even when you file suit, you still wind up settling."
About five months after being hit by the Toyota 4-Runner, Chen's civil case closed in April 2010 with a settlement of $2.5 million.
"Most people don't have that kind of coverage," Walton said. "This kid, out of Mobile, his parents just happened to have $500,000 on the car and then a $2 million umbrella."
Her medical expenses were more than $500,000, Walton said.
Walton said it was after this incident that more lights and signs were installed on Magnolia Avenue.
"If you walk out in front of a street and you're not in the crosswalk, you're fair game, basically," Walton said. "The rules of the road are not what people think they are. Pedestrians do not have the right of way in every situation."
Chen crossed using the crosswalk, but Walton said even using that safety precaution is not sufficient.
"Stop, look and listen," he said. "You do not have the right of way. Even if you're crossing in the crosswalk, like this lady was, you have to be aware that some people aren't paying attention."
Walton said his firm dealt with three to four cases of pedestrian incidents last year.
"If they're injured, they certainly do civil cases," he said.
Chen's progress includes being able to walk again after numerous surgeries.
"I never met her," Walton said. "She was flown straight from Columbus, to Washington and then to China. We're hoping she's going to come visit us in the near couple months."
Do you like this story? The Plainsman doesn't accept money from tuition or student fees, and we don't charge a subscription fee. But you can donate to support The Plainsman.
