Confidential
Settlement – $265,000Court
Alameda Superior
Attorneys
Plaintiff
Andrew C. Bryman
(Bryman & Apelian)
Defendant
Experts
Plaintiff
James Hughes
(technical)
John Larsen
(medical)
Facts
The plaintiff, aged 29, was initially involved in a single vehicle collision, losing control of his car on a wet
roadway. Both the plaintiff and his passenger exited the vehicle. The plaintiff suffered no injuries as a result of
this first accident. Immediately following the first accident, the plaintiff went to the trunk of his car to retrieve
his cell phone so that he could call for assistance.
The defendant, now deceased, was driving a 1996 Lincoln limousine owned by the defendant transportation
company, eastbound on the I-80. When the defendant driver approached the transition to the I-880 he caused
the limousine to collide into the rear of the plaintiff's vehicle. The plaintiff was thrown across the freeway.
The investigating California Highway Patrol Officer has indicated that this collision was the fault of the now
deceased defendant, citing Vehicle Code, Section 22350.
The defendant contended that the plaintiff was comparatively negligent for standing in
the roadway while intoxicated.
Specials in Evidence
$31,992 $26,644 $10,000
Injuries
As a result of the accident, the plaintiff suffered from comminuted mid shaft right tibia-fibula fracture with medial translation, requiring surgical placement of a metal rod and screws.
Other Information
A mediation was held before Jack Williams on Aug. 9, 2002.
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