Confidential
Settlement – $450,000Judge
Court
Maricopa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas Mitchell
(technical)
Defendant
Dorothy Fune
(technical)
Paul S. Bjorklund
(technical)
Facts
On April 26, 1995, the plaintiff, a 46-year-old seamstress, was driving her automobile on Indian School Road in Phoenix. She was legally stopped in heavy traffic preparing to make a right turn when her vehicle was struck in the rear by a semi-tractor-trailer driven by the defendant. The force of the collision pushed the plaintiff's vehicle into a power pole. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $1 million. The defendant made a settlement offer of $400,000 30 days before trial, in the form of an offer of judgment.
Specials in Evidence
$150,000 $80,000 $250,000
Injuries
The plaintiff claimed she sustained herniated discs in the cervical and lumbar spine, requiring microdiscectomy with fusion at C6-7 and a laminectomy L4-5. The plaintiff also claimed her injuries resulted in reflex sympathetic dystrophy (chronic, debilitating pain).
Other Information
The settlement was reached approximately two years and six months after the case was filed. A settlement conference was held on Oct. 19, 1999, before Judge John Foreman, resulting in the reported settlement.
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