Confidential
Settlement – $100,000Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Richard J. Wynne
(Hogan Lovells)
Defendant
Experts
Plaintiff
David S. Boyer
(medical)
Marshall J. Keyes
(medical)
Ira Frank
(medical)
Albert Sheffer
(medical)
Hrayr Sassounian
(medical)
Roger V. Ohanessian
(medical)
Defendant
Mark Yoshizumi
(medical)
Paul C. Norwood
(medical)
Michael Von Haenel
(technical)
Facts
On June 12, 1994, at approximately 12:45 a.m., the plaintiff, a 29-year-old regional franchise manager, was a passenger in the defendant's vehicle, which was traveling northbound on Highway 99 at approximately 65 mph. The defendant was detoured to northbound Highway 99, because of "Graffiti Night" gridlock. The defendant's car rearended a pick-up truck at the first available off-ramp and the plaintiff's body was thrown upwards and launched towards the windshield as the front-end of the vehicle rose. The plaintiff hit the windshield and the roof of the car and was then thrown backwards towards his seat and headrest. The plaintiff was not wearing a seat belt. Immediately after the accident, the plaintiff asked the defendant if his eye was bleeding because it felt warm. The plaintiff was hospitalized overnight and then released. The plaintiff brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P.º998 settlement demand for policy limits, including the med-pay coverage. The defendants made a C.C.P. º998 offer of compromise for $50,000, plus partial med-pay coverage.
Specials in Evidence
$82,896.57 $ _______ $ _______ $ _______
Injuries
The plaintiff alleged that he noted light sensitivity and cloudy vision after the accident and that he was referred by his chiropractor to an ophthalmologist who discovered that the plaintiff's reduced vision was caused from a vitreous hemmorhage in both of his eyes. One year after the accident, the plaintiff's vision in both of his eyes was reduced to blindness. The plaintiff claimed he was unable to perform his daily duties due to his loss of vision. Four laser surgeries were performed on the plaintiff's right eye and one laser surgery was performed on his left eye. The plaintiff did not know he was suffering from an advanced case of diabetic retinopathy, before the accident.
Other Information
ARBITRATION: An arbitration was held before Michael German, Esq. resulting in an award of $1 million. The defendants requested a trial de novo.
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