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CONFIDENTIAL

Dec. 24, 1994

Personal Injury (Vehicular)
Van Accident
Wrongful Death

Confidential

Settlement –  $1,000,000

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Breck Barton

Richard B. McKeown

Werner R. Meissner
(Meissner Law Firm PC)


Facts

On October 3, 1993, Plaintiffs were traveling to Idaho in a rental minivan. While on I-15 in Utah, Defendant driver of the van fell asleep at the wheel and struck another vehicle. Both vehicles lost control and rolled into a ravine. The following were in the minivan: decedent mother, a 36-year-old farm worker; Plaintiff daughter, a 20-year-old unemployed woman; and Plaintiff granddaughter, a 2-year-old child. Decedent farm worker was survived by her 2 adult daughters. The following were in the second vehicle: decedent mother, a 23-year-old receptionist/cashier; Plaintiff husband, a 24-year-old mechanic; and Plaintiff child who was 2. Decedent mother in the second vehicle was survived by her husband and 2-year-old son.

Settlement Discussions

Plaintiffs contend that they demanded $1,000,000 (policy limits) and that Defendants made no initial offers.

Specials in Evidence

Minivan occupants: $1,436 (Plaintiff daughter) $1,444 (Plaintiff granddaughter); second vehicle occupants: $62,628 (Plaintiff husband) $19,949 (Plaintiff son). not disclosed.

Injuries

Minivan occupants: wrongful death of mother; Plaintiff daughter suffered a sprain injury to her ankle; Plaintiff granddaughter suffered a laceration to her head. Second vehicle occupants: wrongful death of mother; Plaintiff husband suffered severe abdominal and internal injuries requiring a splenectomy and other surgery; Plaintiff son suffered a skull fracture requiring hospitalization and other treatment.


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