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CONFIDENTIAL

Sep. 2, 1995

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Confidential

Settlement –  $220,000

Judge

John F. Vannucci

Court

Contra Costa Superior


Attorneys

Plaintiff

Frank A. Grove

Philip Keith


Defendant

Anthony C. Deichler


Experts

Plaintiff

Michael D. Roscoe
(medical)

Defendant

Gary T. Moran
(technical)

John R. Batcheller
(medical)

Ted M. Kobayashi
(technical)

Facts

On September 15, 1993, Plaintiff, a 43-year-old graphic designer, was a passenger in an automobile that was struck in a rear end collision by Defendant's automobile. The accident occurred at Reliez Valley Road and Pleasant Hill Road in Lafayette. Plaintiff's driver/husband had slowed to allow traffic to clear the merge lane at the time. The speed of Defendant's vehicle was approximately 5 to 10 mph.

Settlement Discussions

Plaintiff contends that they made a 998 demand in the amount of $298,978 and Defendant offered $175,000 four days prior to trial.

Specials in Evidence

$150,000 $20,000 to $30,000 $10,000

Injuries

Exacerbation of preexisting, asymptomatic back problems requiring decompression and fusion surgeries at L3-S1.

Other Information

This case was filed on August 4, 1994; one year and two weeks prior to this result. A prior arbitration resulted in a Plaintiff's award in the amount of $298,978 plus costs (rendered May 5, 1995); trial de novo by Defendant.


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