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CONFIDENTIAL

Aug. 6, 1994

Breach of Contract
Legal Malpractice
Statute of Limitations

Confidential

Settlement –  $92,500

Court

Riverside Superior


Attorneys

Plaintiff

Debra Schultz


Defendant

Michael J. Logan

Frank J. Revere
(Revere & Wallace)


Experts

Plaintiff

D. Thomas Rogers
(medical)

Defendant

Donald I. Peterson
(medical)

Facts

On September 11, 1991, Plaintiff was injured in an automobile v. automobile, rear end collision. At the time she was 47 years of age and earned a living by cleaning houses and caring for dogs and horses. Plaintiff sought the legal services of Defendants attorney and law firm. The Defendant attorney left the firm, taking the Plaintiff's file with him. Neither the Defendant attorney nor the Defendant law firm filed Plaintiff's case within the statute of limitations.

Settlement Discussions

Plaintiff contends her demand was $100,000 and Defendant attorney offered $75,000.

Specials in Evidence

$20,354 (underlying) $8,400 (underlying) $12,050 (underlying)

Injuries

(Underlying) L5-S1 and C6-7 radiculopathy requiring orthopedic examinations, physical therapy, and chiropractic care.

Other Information

A prior arbitration by retired Judge John McCabe resulted in a Plaintiff's award in the amount of $45,000; trial de novo by Plaintiff.


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