Confidential
Settlement – $575,000Court
L.A. Superior Torrance
Attorneys
Plaintiff
Alexis Galindo
(Curd, Galindo & Smith LLP)
Defendant
Experts
Plaintiff
Joyce Elaine Pickersgill
(technical)
Michael D. Roback
(medical)
Cynthia Lynn Chabay M.D.
(medical)
Janice Wexler
(technical)
David Moses
(technical)
Donald Macko
(technical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Jacqueline G. Paver
(technical)
Louis R. Vasquez
(medical)
Edward L. Bennett M.A.
(technical)
N. Paul Rosenthal
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
On Jan. 9, 1996, at 9 a.m. the plaintiff, roll-off truck driver was driving his employer's truck delivering a roll-off trash bin on the day of the incident. The day was clear, the highway was dry and the plaintiff was travelling northbound on the 405 freeway south of Crenshaw Boulevard in Torrance. The plaintiff was in the No. 3 lane travelling at approximately 45 mph to 50 mph. Traffic came to a complete stop, suddenly, including the plaintiff who was then rear-ended by the defendant. The defendant was driving a commercial flatbed truck which became entangled with the forklift located on the rearend of the plaintiff's truck. Upon impact, the plaintiff struck his right shoulder against the center console which houses the company radio system. Due to the impact, the two trucks became attached and were disengaged after the CHP arrived. The plaintiff was able to drive away from the scene. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $750,000. The defendant made an offer of compromise for $125,000.
Specials in Evidence
$108,000 $150,000
Injuries
The plaintiff sought orthopedic care after therapy was not successful. On Aug. 8, 1996, the plaintiff was admitted to Midway Hospital where he underwent surgery to his right shoulder and lower back. He underwent two surgeries including the back surgery which consisted of an L5 laminectomy; partial bilateral L4 hemi-laminectomy; partial bilateral S1 hemi-laminectomy; partial right L4-L5 facetectomy and left and right L5-S1 facetectomies; total left L4-L5 facetectomy; L4-L5 and L5-S1 discectomies from left approach; external neurolysis of the left L5 and S1 nerve roots; partial foraminotomies of the left L5 and left S1 levels; pre-fat graft, L4-L5 and L5-S1 disc spaces.
Other Information
The settlement was reached approximately one year and two months after the case was filed. The matter was submitted to judicial non-binding arbitration. Steven Robinson, arbitrator, awarded plaintiff $575,000. Defendants requested a trial de novo. A voluntary settlement conference was held with Hon. William Sheffield. The matter did not resolve. The case was set for a 10 day jury trial for Feb. 3, 1998, and then settled for the reported amount. The Law Offices of Grayson, Grayson & Mansell was associated two months before the trial date to assist at trial.
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