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CONFIDENTIAL

Apr. 22, 2003

Personal Injury
Truck v. Van
Negligence

Confidential

Settlement –  $355,000

Judge

Conrad R. Aragon

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Douglas V. Spickard

Ned E. Tolbert

Steven B. Effres
(Effres & Associates)


Defendant

Randall P. Hannah

Carol A. Salmacia
(Law Office of Seana B. Thomas)

Bruce L. Cleeland
(Haight, Brown & Bonesteel LLP)

R. Wesley Beavers
(McCarthy & Beavers)


Facts

A 30-year-old male was driving a delivery van when the side of the van was struck by two large tires and the wheel hub assembly from a big rig that was entering the 605 Freeway. The plaintiff underwent surgery to his right elbow to relieve symptoms of cubital tunnel.

Specials in Evidence

$26,000 (approximately) $28,000 Specific amount not disclosed but an indication that future loss of earnings would be several hundred thousand dollars.

Damages

Claim in excess of $500,000 for not being able to pursue career as truck driver. The plaintiff served C.C.P. Section 998 demand on trucking company for $470,000. Workers' compensation lien of $78,000.

Injuries

Injury to the ulnar nerve of the right elbow requiring ulnar transposition surgery. The plaintiff also suffered soft tissue injuries to the neck and back and had window glass rinsed from his eye following the incident.


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