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CONFIDENTIAL

Jul. 8, 2006

Personal Injury
Auto v. Auto
Head-On Collision

Confidential

Settlement –  $455,182

Arbitrator

Martin L. Jaspovice

Court

Contra Costa Superior


Attorneys

Plaintiff

Lawrence J. Less


Defendant

George D. McLemore


Facts

The plaintiff was driving on the Port Chicago Highway in Concord. A vehicle driven by defendant struck plaintiff's vehicle head-on. Plaintiff, 68, suffered serious injuries. A police investigation revealed that defendant was intoxicated when the accident occurred. He had criminal charges pending against him at the time of settlement.

The plaintiff sued defendant for negligent operation of a motor vehicle.

Specials in Evidence

$59,000; The plaintiff sought unspecified future damages.

Damages

The plaintiff, who is retired, sought damages for pain and suffering.

Injuries

The plaintiff's injuries consisted of fractures to her ribs, wrist, sternum and right foot, as well as a distal fracture. The plaintiff underwent casting and catheterization. She also had hardware placed in her right foot and ankle. The plaintiff was injured on Nov. 15, 2004. And was hospitalized through Jan. 9, 2005. Thereafter, she was placed on bed rest at her home where she received physical therapy. As a result of her injuries, the plaintiff currently suffers from a limp.

Result

The parties settled for $455,182 after mediation with Martin L. Jaspovice.


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