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CONFIDENTIAL

Jun. 10, 2000

Personal Injury (Vehicular)
Auto v. Pedestrian
Negligent Repair

Confidential

Settlement –  $1,400,000

Court

San Francisco Superior


Attorneys

Plaintiff

Steven James Choi

James J. Rosati


Defendant

Arif Virji

Michael Abney

Steven S. Abern
(Haapala, Thompson & Abern, LLP)


Experts

Plaintiff

Margo Rich Ogus Ph.D.
(technical)

David Attebery
(technical)

Defendant

Bernard R. Cuzzillo
(technical)

Raymond Merala M.S.
(technical)

Roman R. Beyer
(technical)

Richard N. Stuart
(technical)

Facts

Plaintiff, a 38-year-old self-employed attorney, was struck by a pick-up truck while she was crossing the street in a marked crosswalk on a green light. A bicyclist was also struck. The truck was driven by an intoxicated driver and owned by another defendant. Defendant driver claimed his brakes failed. A police officer verified after the accident that the brakes had totally failed. Six months prior to the accident, defendant owner had brought the truck to defendant auto shop for a brake job.

Specials in Evidence

$43,000 $4,000 $1.2 million $13,000

Injuries

Minor closed head injury with residual post-concussive symptoms, including difficulty with attention, memory and concentration, post-traumatic headaches, fracture of the spinous process at L4-5, 10 fractured ribs, multiple abrasions on face and arms with minimal residual scarring. The plaintiff recovered completely from her orthopedic injuries.

Other Information

The parties participated in two mediations, one with Peter Elkind that lasted eight hours. The case was settled one week before trial during a settlement conference. The bicyclist who was also hit in the crosswalk suffered serious soft tissue injuries. His case settled for $27,000 against defendant auto shop and proceeded to trial against defendant driver and owner. The jury awarded the bicyclist $55,000, found that the brake failure was the primary cause of the accident and did not award punitive damages.


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