Confidential
Settlement – $280,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Sean M. Burke
(Burke Argos)
Defendant
Experts
Plaintiff
Joseph W. Thompson
(technical)
Stephen A. Becker
(medical)
Douglas E. Harrington
(medical)
Michael Fitzgibbons M.D.
(medical)
Defendant
Jon J. Hanlon
(medical)
Allan Keith Miller
(technical)
Facts
On Sept. 26, 1994, on a clear and dry day, the plaintiff, a 12-year-old boy, was standing on the northeast corner of Balboa Boulevard and 15th Street on the Balboa Peninsula. He and his friend were waiting for a red light to change so that they could cross the street to go to a store to buy a soda. The defendant, a 16-year-old boy, was driving northbound on Balboa Boulevard approaching 15th Street with a green light. He was in the first lane of travel. As the defendant approached the intersection, a car to his right (in the second lane) started honking. The driver of that car testified that he was honking because he saw the plaintiff step off the curb as if he was about to run across the street. The defendant turned to look at the honking car and at that point the plaintiff started to run across the street. By the time the defendant looked forward again, he was through the intersection and the plaintiff was right in front of him. The plaintiff was struck by the left front corner of the 1994 Ford Explorer and thrown approximately 30 feet, causing him to sustain severe injuries. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $300,000 (policy limits). The defendant made a C.C.P. º998 offer of compromise for $60,000.
Injuries
The plaintiff alleged that after the accident he remained in a coma for several days. He had to have his spleen removed and he allegedly suffered multiple fractures, including his clavicle, left femur, right pubic bone and numerous bruises and soft-tissue injuries. He also claimed to have suffered a contusion of his left testicle and internal damage to his kidneys resulting in blood in his urine. The fractures in his leg required an open reduction with internal fixation and and a subsequent surgery to remove the internal fixation. The only permanent injury that the plaintiff suffered was an occasional limp and minor pain in his leg.
Other Information
The settlement was reached approximately one year and one month after the case was filed. A settlement conference was held on June 14, 1996 before a judge pro tem. It did not resolve the matter. The case settled approximately two weeks prior to the trial date. The plaintiff was able to get the hospital to waive the lien after subpoenaing the agreement between the hospital and the plaintiff's health insurance company which contractually limited the hospital to the amount agreed to between the insurance company and the hospital. The contract also specifically provided that the hospital would not seek any additional compensation from the plaintiff.
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