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CONFIDENTIAL

May 13, 2000

Personal Injury (Vehicular)
Auto v. Bus
Negligence

Confidential

Settlement –  $500,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Lee W. Dayton

Daniel Benger


Defendant

David H. Canter

Steven L. Rice

Jeanne M. Deni

James E. Siepler
(Law Offices of Craig A. Holtz)

DeAnn M. Flores


Facts

On Sept. 10, 1997, while on the southbound 405 freeway near its intersection with Santa Monica
Boulevard, plaintiff, working as a school bus driver, was operating a 1987 66-passenger school bus in a
southbound direction on the 405 freeway, lane number 4.
Her vehicle was struck from behind by a 1984 Ford truck driven by defendant driver, while in the course and
scope of his employment with defendant employer.

Settlement Discussions

The plaintiff demanded $750,000. The plaintiff husband demanded $25,000 for loss of consortium.

Specials in Evidence

$67,579 $49,965.48 $324,000 $75,000

Injuries

The plaintiff was diagnosed with cervical strain and radiculopathy and acute cervical-trapezial strain with probable cervical disc injury. She was ultimately diagnosed as having a herniated cervical disc at C5-6 and C6-7 levels, confirmed by MRI examination. An anterior cervical diskectomy and fusion at C5-6 and C6-7 with left iliac crest bone graft was performed and plaintiff was provided with an Atlantis anterior plate at C5-7. The plaintiff was ultimately diagnosed with trapezius strain, posterior shoulder strain and right adhesive capsulitis (frozen shoulder) and lumbar strain. She was also diagnosed with carpal tunnel syndrome, following complaints of numbing and tingling sensation in the right hand, confirmed by positive nerve conduction studies.

Other Information

<M>A mediation was held on Oct. 22, 1999, before Jeffrey Krivis (Independent), resulting in settlement. The case ultimately was resolved as to both plaintiffs for the full sum of $500,000 with plaintiff-in-intervention accepting the sum of $66,947.43 in resolution of its lien claim in excess of $110,000 (medical and disability payments).</M>


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