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CONFIDENTIAL

May 27, 2000

Insurance
Insurance Coverage
Personal Injury

Confidential

Settlement –  $100,000

Court

Ventura Superior


Attorneys

Plaintiff

Kenneth R. Warner


Defendant

Sanford Senen


Experts

Plaintiff

Kamyar Assil
(medical)

Defendant

Steven J. Nagelberg M.D.
(medical)

Facts

Plaintiff, a 26-year-old licensed vocational nurse, was a passenger in a car that became involved in an automobile accident. The plaintiff suffered serious neck injury due to "whiplash." There was no liability issue in this matter. The defendant initially claimed that the plaintiff was not seriously injured, but plaintiff rejected the defendant's original settlement offer of $23,000.

Settlement Discussions

The court sent the case to arbitration, presided over by independent arbitrator Ernest C.S. Bell. Initially, plaintiff was awarded $50,000, but was able to raise this to the policy limits of $100,000.

Specials in Evidence

$26,800 $3,465

Damages

The plaintiff suffered cervical spine spondylosis and cervicogenic pain, a result of facet joint arthopathy. Further, the plaintiff had cervical facet problems and thoracic outlet syndrome.


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