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Personal Injury (Vehicular)
Automobile Accident
Head-On Collision

Paul D. Woodward, M.D. v. Clare Lundgren

Published: Mar. 29, 1997 | Result Date: Feb. 18, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 207930 –  $12,133

Judge

Lloyd Von Der Mehden

Court

Sonoma Superior


Attorneys

Plaintiff

Vincent M. Spohn


Defendant

M. David DeSantis


Experts

Plaintiff

James R. Cole
(medical)

Tracy A. Newkirk
(medical)

Robert Urrea
(medical)

George Schofield
(technical)

Robert A. Harf
(medical)

David Freeto
(medical)

Defendant

Alan Silverman
(technical)

Alan D. Shonkoff
(medical)

Stanley L. Kampner
(medical)

Robert A. Burton
(medical)

Facts

On Jan. 17, 1994, plaintiff Paul Woodward, a 50-year-old doctor, was traveling on Highway 121, when defendant Clare Lundgren's vehicle crossed the center line, colliding head-on with the palintiff's vehicle. The plaintiff brought this action against the defendant based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $300,000, increased to $2 million. The defendant made a C.C.P. º998 offer of compromise for $75,000.

Specials in Evidence

$34,600 $300,000 $1.5 million $1,000 per month for life

Injuries

The plaintiff claimed a brain injury and soft-tissue injuries to his neck and back resulting in disabling cognitive deficits and physical limitations.

Other Information

The verdict was reached approximately two years and nine months after the case was filed. A settlement conference was held on May 17, 1995 before two settlement commissioners resulting in a $225,000 settlement recomendation which the defendant refused. The defendant's motion for costs and judgment pursuant to C.C.P. º998 is pending. Defense costs total $66,000. EXPERT TESTIMONY: Drs. Newkirk and Cole testified that the plaintiff's failure to report loss of consciousness immediately was a clear sign of post-traumatic amnesia. Dr. Burton and Dr. Shonkoff were most interested in the plaintiff's cognitive functioning immediately following the accident, which did not suggest any brain injury.

Deliberation

5 hours

Poll

12-0

Length

9 days


#101326

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