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CONFIDENTIAL

Apr. 15, 2003

Personal Injury
Auto v. Auto
Driving Under the Influence

Confidential

Settlement –  $1,000,000

Court

San Diego Superior


Attorneys

Plaintiff

James M. Prestininzi

Thomas N. Luebke


Defendant

Kenneth H. Moreno

Jefferson S. Smith


Facts

The plaintiff was injured when her vehicle was struck from behind and forced off the road by a drunk driver. The plaintiffs were the injured wife and her spouse who sued for loss of consortium. The plaintiff's car was forced off the road and down an embankment. Prior to the accident, the driver of the vehicle had been drinking with his employer, and was driving a company car. The car overturned and she had to be extracted from the vehicle and flown to the hospital by lifeflight.

Settlement Discussions

None disclosed.

Specials in Evidence

$165,000 $33,000 $200,000 $35,000

Damages

The plaintiff spouse claimed loss of consortium.

Injuries

Comminuted displaced fracture of right humerus, cervical diskectomy and fusion, right shoulder arthroscopy, subacromial decompression and distal clavicle resection, scarring, future surgery and emotional distress.


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