Confidential
Settlement – $100,000Facts
On Aug. 27, 1998, the plaintiff, a 61-year-old cab driver, was sleeping in the back of his 1974 Chevy van, which was parked facing westbound in a designated slot on Pacific Coast Highway. Another Chevy van was parked 35 feet south of the plaintiff's van. At approximately midnight, the defendant, travelling southbound on Pacific Coast Highway, lost control of his 1994 Honda Passport and ran into the right rear side of the plaintiff's van. The Passport then continued to travel an additional 35 feet, striking the other van on its right rear portion, causing it to rotate clockwise and foward. The initial impact caused the plaintiff van to rotate approximately 45 degrees, ripped off its bumper and ruptured the gas tank, spilling a large volume of gasoline over the roadway. At the same time, the two rear doors of the van buckled inward and then sprang open outward, the plaintiff became airborne and was ejected through the open rear doors, tumbled approximately 37 feet over the asphalt, and became lodge underneath the other Chevy van. The plaintiff was trapped under the van laying in a pool of gasoline, until he was extracted by the fire department 30 minutes later. The plaintiff did not have liability insurance at the time of the accident; however, the plaintiff asserted exemption from the provisions of Civil Code º3333.4. (Proposition 213) pursuant to subdivision (c) of said statute. Under subdivision (c), if the injured person was the owner of a vehicle involved in the accident and the vehicle was not insured, the said injured person "shall not be barred from recovering non-economic losses" where the party who caused the accident "was operating his or her vehicle in violation of º23152 or 23153 of the Vehicle Code, and was convicted of that offense" The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant accepted the demand and the case settled.
Injuries
The plaintiff suffered left rib fractures, a nasal fracture, left knee contusion, abrasions to his head, face, arms, back, and legs.
Other Information
The settlement was reached approximately two months after the case was filed. The case was settled after plaintiff's deposition was taken and an IME completed.
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