Confidential
Settlement – $485,500Court
Orange Superior
Attorneys
Plaintiff
Defendant
Lee P. O'Connor
(O'Connor & Schmeltzer)
Experts
Plaintiff
Michael H. Sukoff
(medical)
Defendant
Michael J. Singelyn
(medical)
Facts
On Nov. 12, 1997, plaintiff, a 32-year-old construction worker, was on his way to pick up a part. The plaintiff was driving about 30 mph around a turn when he saw a large "semi" approaching from the other side and another vehicle attempting to pass the truck in plaintiff's lane. The plaintiff tried to swerve but was hit in a glancing head-on blow by the defendant driver. The plaintiff did not feel symptomatic at the scene but later developed neck pain and, over the course for the next several months, sought chiropractic treatment as well as an orthopedic examination. When the symptoms persisted, an anterior cervical fusion was performed at the C5-6 level. Four years prior to this accident, plaintiff had been injured in a worker's compensation incident and had a laminectomy at the same level in his neck. At that time, a medical examiner expressed an opinion that plaintiff needed an anterior cervical fusion but, for unknown reasons, plaintiff did not receive the anterior cervical fusion at that time.
Settlement Discussions
The plaintiff demanded $600,000. The defendant offered $100,000.
Damages
$95,000 past medical, temporary disability and permanent disability, all paid by intervenor.
Injuries
The plaintiff suffered a lingering neck injury with radicular symptoms requiring an anterior cervical fusion operation with a titanium plate. Further, plaintiff is permanently disabled to a certain degree and unable to perform hard manual labor.
Other Information
<M>A mediation with the Hon. Robert Polis was held on Jan. 12, 2000, at which the case was settled for $458,000 less reimbursement to intervenor in the sum of $75,000.</M>
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390