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CONFIDENTIAL

Jul. 29, 1995

Personal Injury (Vehicular)
Truck Accident

Confidential

Settlement –  $116,000

Judge

Richard G. Kolostian

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Gerry DeSimone


Defendant

James E. Curry
(Loeb & Loeb LLP)

William F. Brainard

Bonnie Louis

Kenneth E. Meyer

Phillip A. Parra


Experts

Plaintiff

Todd D. Moldawer
(medical)

Edward J. O'Neill
(medical)

Defendant

Martin D. Levine
(medical)

Facts

On the first date in August of 1991, there were two rear end collisions. Plaintiff, a 45-year-old safety consultant, was eastbound on the Ventura Freeway and stopped due to traffic when Defendant, in the course and scope of his employment and driving a truck, struck Plaintiff in a rear end collision. Another rear end collision occurred between two trucks (also Defendants) that were behind the Defendant; this in turn caused Defendant to strike Plaintiff's vehicle a second time. In December of 1991, while still symptomatic from the August accident, Plaintiff was on Coldwater Canyon and attempting to make a left turn into a parking lot, when Defendant transport company's truck backed up and struck Plaintiff's vehicle in a reverse rear end collision. Plaintiff had been in the course and scope as a safety consultant during both accidents. In addition to being a safety consultant, Plaintiff was also a retired policy officer who had suffered low back injury while with the police force; however, he did have a clean myelogram upon his retirement.

Settlement Discussions

Offers and/or demands, exchanged prior to this result, were not disclosed.

Specials in Evidence

not disclosed not disclosed

Damages

Plaintiff claimed $7,000 property damage from the August accident and $1,600 from the December accident.

Injuries

Herniated (unspecified) lumbar disc requiring physical therapy.


#102604

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