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CONFIDENTIAL

Mar. 29, 1997

Personal Injury (Vehicular)
Wrongful Death
Negligence

Confidential

Settlement –  $214,450

Judge

Charles W. Stoll

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Daryl W. Leech
(Leech & Associates)


Defendant

Thomas J. Feeley
(Thomas J. Feeley APC)


Experts

Plaintiff

Harry J. Krueper Jr.
(technical)

Facts

On Nov. 11, 1994, two 16-year-old students, the decedent and a plaintiff, were on their first date and had attended a homecoming banquet at the defendant restaurant. They parked their car at a lower parking lot and walked up a road to attend the banquet. While walking down the same road (after the banquet) to get to their car, they were struck by a hit-and-run motorist driving down the road from the restaurant. The decedent sustained head trauma which led to her death on Nov. 12, 1994. The plaintiff sustained a fractured right arm with minimal residuals. The plaintiffs, the decedent's parents and the other hit-and-run victim, brought this action against the restaurant, the city and the parking service, based on wrongful death, negligence, dangerous condition of public property theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $250,000. The defendants made no initial settlement offers.

Injuries

Death of 16-year-old daughter. The plaintiff injured in the hit-and-run accident sustained a fractured right arm.

Other Information

The settlement was reached approximately one year and two months after the case was filed. A settlement conference was held on Feb. 19, 1997 before Judge Stoll resulting in the reported settlement. The defendant restaurant accepted the defendant city's tender of defense and the restaurant's carrier paid $190,000 on behalf of all of the defendants.


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