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CONFIDENTIAL

Jan. 19, 2002

Torts
Auto v. Pedestrian
Wrongful Death

Confidential

Settlement –  $1,030,000

Court

San Francisco Superior


Attorneys

Plaintiff

Thomas J. Brandi
(The Brandi Law Firm)


Defendant

Norman C. Laforce
(Law Offices of Norman La Force)

Gregory Epstein

H. Stuart Kinder


Facts

In February and in March 1999, the defendant, a 69-year-old female, brought her 1975 Chevy Nova to the co-
defendant automobile repairers for repairs and a safety inspection. Included in this work was a brake
inspection, which according to the defendantÆs records, was normal. In early May 1999, the defendantÆs
driving license expired and she went to the DMV for an examination but she failed her vision test. The
defendant suffered from severe macular degeneration, a progressive eye disease.
On June 3, 1999 she was issued a temporary license until June 18, 1999 when she was scheduled for her
driverÆs test.
On June 18, she went to the DMV for her driverÆs test, which she failed. Notwithstanding failing the test, the
DMV allowed her to drive home. Later that same day, while moving her car, the brakes failed while the
defendant was driving through a marked crosswalk at Washington and Gough Streets in San Francisco,
striking the plaintiff, her 3-year-old son and her ten-month old infant who was in a stroller and being pushed
across the road. The plaintiff had proceeded in accordance with the green light and in a marked crosswalk.
The plaintiff and her 3-year-old child were bruised, but the 10-month-old child was killed.

Settlement Discussions

$1,000,000 (the policy limits) from the defendant auto repairer and $30,000 (policy limits) from the defendant driver. The court allocated $25,000 to the minorÆs injuries and the balance for the death of the child.

Specials in Evidence

Approximately $4,000

Damages

The death of the infant child. Bruises to the mother and to the three-year-old child.


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