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CONFIDENTIAL

May 13, 2000

Personal Injury (Vehicular)
Auto v. Auto
Negligence

Confidential

Settlement –  $750,000

Judge

Ben T. Kayashima

Court

San Bernardino Superior


Attorneys

Plaintiff

Harry F. Scolinos
(Scolinos Sheldon & Nevell)


Defendant

Dennis J. Ponsor


Experts

Plaintiff

Herman Geller
(medical)

Robert W. Johnson CPA
(technical)

Rama Thumati
(medical)

Yua Lin
(medical)

William M. Otto
(technical)

Isadore R. Unger
(medical)

Raymond G. Schultz
(technical)

David M. McCann
(technical)

Defendant

Stanley H. Meyers
(technical)

Robert L. Shuman M.D.
(medical)

Allan M. Nahum
(technical)

Facts

On Jan. 13, 1998, at 5:30 p.m., plaintiff, a 48-year-old civilian employee at Norton Air Force, was
driving home at the interchange of the 60/214 freeways when he was rear ended by defendant employee who
was driving a company van. The property damage to each vehicle was under $1,000. The police were not
called to the scene and plaintiff did not seek immediate medical attention.
Five days after the accident, plaintiff began to experience a sudden onset of severe chest pains, radiating pain
down his left arm and through his back and became cold, clammy and pasty. The plaintiff was rushed to the
hospital where it was determined that he had a Type 1 dissection of the ascending aorta.
The plaintiff underwent an emergency resection of the ascending aorta and has mild aortic valvular
insufficiency. The plaintiff had no history of heart complaints. Dr. Yuan Lin, who performed the emergency
surgery, observed during the aortic repair that plaintiff had no history of hypertension nor Marfan Syndrome
and that the only cause of this type of aortic dissection would be trauma.
Dr. Lin and Dr. Unger concluded that the aortic dissection was caused by chest trauma in the subject accident
five days prior.

Specials in Evidence

$186,244 $18,114 $40,000

Injuries

Emergency repair of type 1 aortic dissection with aortic insufficiency causing permanent limitation including shortness of breath, fatigue and congestive heart failure.


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