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CONFIDENTIAL

Sep. 16, 2003

Personal Injury
Auto v. Pedestrian
Negligent Infliction of Emotional Distress

Confidential

Settlement –  $110,000

Court

Orange Superior


Attorneys

Plaintiff

Christopher R. Aitken
(Aitken Aitken Cohn)


Defendant

Lee P. O'Connor
(O'Connor & Schmeltzer)


Experts

Plaintiff

Robert MacArthur
(medical)

Wayne H. Lancaster
(technical)

Kenneth S. Obenski
(technical)

Facts

The plaintiff, a 60-year-old male, was standing behind his daughter's vehicle near the curb at Terminal A at John Wayne Airport. The plaintiff opened the trunk of the car and began to load his baggage inside. Suddenly, the plaintiff was pinned from behind by the defendant's vehicle, which crushed his knees between the two automobile bumpers. The defendant had exited his car and had left the engine running. The plaintiffs brought the lawsuit for personal injury damages, negligent infliction of emotional distress and loss of consortium.

Settlement Discussions

The plaintiffs' initial demand was $150,000; the defendants initially offered $50,000.

Specials in Evidence

$17,000

Injuries

The plaintiff's left knee was crushed during the incident with left torn meniscus and supratellar bands for which he underwent knee surgery.


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