Confidential
Settlement – $105,000Facts
On Dec. 9, 1999, at approximately 10:00 p.m., the plaintiff was operating his vehicle driving north on the I-405
Freeway (near the Mulholland Drive exit). The defendant, who was driving in the same direction on the 405,
collided with a third party. The force of the impact caused the third party's vehicle to swerve out of control and
strike the plaintiff's vehicle, causing plaintiff to sustain serious personal injuries. The police report stated that
the defendant caused the collision in violation of Vehicle Code Section 23152(A), driving under the influence.
The plaintiff contended that the defendant caused the accident by driving while
intoxicated and that all of plaintiff's injuries were a direct result of the trauma that plaintiff
sustained in the accident.
Settlement Discussions
The plaintiff initially served a C.C.P. Section 998 offer to compromise of $395,000 (which sum was $295,000 in excess of the policy limits). The defendant's insurer tendered the $100,000 (policy limits). The plaintiff accepted the defendant's $100,000 (policy limits) offer, plus a $5,000 contribution from the defendant.
Specials in Evidence
$32,000
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