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CONFIDENTIAL

Feb. 1, 1997

Personal Injury
Automobile Accident
Negligence

Confidential

Settlement –  $50,945

Mediator

Cynthia B. Schaldenbrand

Court

San Bernardino Superior


Attorneys

Plaintiff

William J. Stanek

Stephen W. Johnson


Defendant

Christine Allen

Michael J. McGuire

Rivers J. Morrell III
(Law Firm of Rivers J. Morrell III)


Facts

On Feb. 16, 1995, the plaintiff, a 56-year-old general contractor, was traveling west on the I-10 freeway, 30 miles west of Blythe. The defendant driver was also traveling west when the Jeep Cherokee he was driving, which was owned by the defendant owner, collided with the plaintiff's van. The plaintiff's van rolled over. The defendant driver had been driving at a high rate of speed and had hit two or more other vehicles. He was arrested and convicted of drunk driving with a blood alcohol level of .26. The plaintiff brought this action against the defendants based on negligence theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$15,661

Injuries

The plaintiff alleged he suffered a head trauma, numbness and trauma to his left shoulder. He also bruised his right thigh.

Other Information

The settlement was reached approximately nine months after the case was filed. An arbitration was held on May 31, 1996 before Cynthia Schaldenbrand, resulting in an award of $98,944.61. The defendant driver requested a trial de novo. The case subsequently settled for the amount of the arbitration award.


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