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CONFIDENTIAL

Jun. 10, 2000

Personal Injury (Vehicular)
Truck v. Bus
Negligence

Confidential

Settlement –  $1,850,000

Court

San Francisco Superior


Attorneys

Plaintiff

James J. Rosati

Steven James Choi


Defendant

Linda E. Meyer

David Lynch


Experts

Plaintiff

Richard A. Nolan
(medical)

Vance MacDonald
(medical)

Dara Lafferty
(medical)

Thomas A. Braun P.E.
(technical)

Delmar Sanders
(medical)

Nicole F. Theuvenet
(medical)

Helmut Relinger
(medical)

James Gabroy
(medical)

Brendan Morley
(medical)

Thomas P. Yankowski M.S., C.V.E.
(technical)

Kirk L. Jensen
(medical)

Carol R. Hyland M.A.
(technical)

Yuen So
(medical)

Marc Rabideau
(technical)

Gary T. Moran
(technical)

John Christianson
(medical)

Andrew Sluckey
(medical)

Phillip H. Allman III, Ph.D.
(technical)

Defendant

William K. Hoddick M.D.
(medical)

Gregory W. Sells
(technical)

Lindsey E. Blenkhorn
(medical)

Daniel Kim
(medical)

Mark H. Strassberg M.D.
(medical)

Laura L. Liptai
(technical)

Richard N. Stuart
(technical)

Albert Mitchell
(medical)

Peter D. Costigan
(technical)

Facts

Facts according to the plaintiff: Plaintiff, a 36-year-old male, was stopped in his pick-up truck
with a female passenger at a red light at the intersection of Embarcadero and Green in San Francisco when he
was rear-ended by a 45 foot tour bus owned and operated by defendant.
The female passenger suffered minor soft tissue injuries and settled her claim for under $10,000. The police did
not come to the scene of the accident.
After the accident, plaintiff and his female passenger went to dinner with plaintiff driver. Plaintiff then drove
his truck to Fairfield. That night, plaintiff sought medical treatment and was released.
The next day, plaintiff drove his truck to Las Vegas.
Facts according to the defendant: Plaintiff was stopped in his pick-up truck at a red light at the
intersection of Embarcadero and Green in San Francisco when he was rear-ended by a 45-foot, 33,000-pound
tour bus owned and operated by defendant. PlaintiffÆs truck was knocked forward approximately 80 feet,
accelerating at up to 11 Gs. The impact caused plaintiffÆs seat frame to distort and the seat back to collapse,
resulting in plaintiffÆs head hitting the interior of his vehicle with a force of between 40 and 80 Gs.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $5 million, lowered to $2.5 million. The defendants made a C.C.P. Section 998 offer of $1 million.

Specials in Evidence

$83,501 $85,000 $1.35 million (present value) $1.65 million (present value)

Other Information

The case was settled after multiple mediation sessions before Daniel Kelly.


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