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CONFIDENTIAL

May 20, 2003

Personal Injury
Auto v. Truck
Negligence

Confidential

Settlement –  $750,000

Judge

Joan F. Ettinger

Court

Riverside Superior


Attorneys

Plaintiff

Penelope A. Phillips
(Kenneth M. Sigelman & Associates)

Peter M. Schwartz

Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)


Defendant

Michael A. DiLando

Edward E. Sipes


Experts

Plaintiff

William W. Brien
(medical)

Roger A. Thrush Ph.D.
(technical)

Franklin G. Moser
(medical)

Joyce Elaine Pickersgill
(technical)

Defendant

Edward L. Workman
(technical)

Gary L. Painter
(medical)

Stephen L.G. Rothman M.D.
(medical)

Facts

The plaintiff, a 57 year-old male, was driving his Toyota Camry eastbound on State Road 60 in the # 3 lane, slightly east of I-15. A truck owned by the defendant and driven by its employee re-entered State Road 60 from the right shoulder in an unsafe manner, and without lights. The plaintiff swerved to his left in an attempt to avoid a collision. However, the plaintiff's Toyota struck the left rear wheels of the trailer. The collision caused the Toyota to spin out of control in a northerly direction, where the front of the vehicle struck the K rail. The Toyota was towed from the scene and was declared a total loss.

Settlement Discussions

The case settled at a mediation. Of the policy limit of $750,000 (which included property damage and bodily injury claims), $731,718 was paid to satisfy the bodily injury claim and $18,282 was paid in satisfaction of the property damage claim.

Specials in Evidence

$25,000 $500,000 $20,000 (disputed)

Injuries

Fracture of C2 without cord impingement, treated conservatively; aggravation of preexisting cervical disc disease; low back strain with aggravation of preexisting lumbosacral disc disease; chronic neck and low back pain.


#106650

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