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CONFIDENTIAL

Apr. 5, 1997

Personal Injury (Vehicular)
Auto v. Truck
Negligence

Confidential

Settlement –  $52,500

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Reuben A. Spivey


Defendant

Thomas C. Sanford


Facts

On June 10, 1994, the plaintiff was driving a Volkswagon Fox GL southbound on Reservoir Street crossing the intersection of Reservoir and County Road in the city of Pomona. The defendant was traveling northbound on Reservoir driving a "big-rig" with an attached empty trailer. The defendant was attempting to make a left- hand turn and his vision was blocked by a semi-truck facing southbound in the No. 1 lane. The traffic signal was green and traffic was backed up in the No. 1 lane. The defendant proceeded to make the left-hand turn with his vision completely blocked as to approaching vehicles in the No. 2 lane. The defendant was unaware of the plaintiff's approaching vehicle. The defendant continued into the No. 2 lane, colliding with the plaintiff's vehicle. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $42,500. The defendant made a C.C.P. º998 offer of compromise for $43,500.

Specials in Evidence

$9,600 $2,500 $3,000

Injuries

The plaintiff claimed to have suffered severe permanent lacerations and scaring to his face and left arm. The abbrasions were so severe that plaintiff has a permanent keloid scar on his face.

Other Information

The settlement was reached approximately one year and nine months after the case was filed. A mandatory settlement conference was held on Jan. 13, 1997. The parties settled soon thereafter. Any interesting comment/info on mediator?

Deliberation

2 days

Poll

12-0 (liability); 9-3 (damages)

Length

7 days


#101467

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