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    • CONFIDENTIAL

    Apr. 17, 1999
    Verdicts and settlements
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    Personal Injury (Vehicular)
    Automobile Accident
    Dangerous Condition

    Confidential

    Settlement –  $1,000,000

    Judge

    Barry L. Plotkin

    Court

    San Bernardino Superior


    Attorneys

    Plaintiff

    Thomas M. McGreal
    (Law Offices of John C. Ye)

    Kenneth E. Meyer


    Defendant

    Joseph Arias
    (Arias & Lockwood)

    Stephen M. Harber
    (McCune & Harber LLP)


    Experts

    Plaintiff

    Randon Garver
    (technical)

    Donald F. Rodrigues
    (technical)

    Robert W. Crommelin
    (technical)

    Steven A. Blewett
    (technical)

    Ronald K. Siegel
    (technical)

    Arnold D. Purisch M.D.
    (medical)

    Edward L. Bennett M.A.
    (technical)

    Lupe Valejo
    (technical)

    Defendant

    Ronald S. Gabriel M.D.
    (medical)

    Anthony C. Stein Ph.D.
    (technical)

    Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
    (technical)

    William C. Sommers
    (technical)

    Kenneth R. Jones
    (technical)

    Robert W. Peck
    (technical)

    Thomas R. Dorsey
    (medical)

    Lawrence Miller M.D.
    (technical)

    Ed J. Ruzak
    (technical)

    Lester M. Zackler M.D.
    (medical)

    Facts

    Plaintiff's conservatee, a 17-year-old student at the time of the accident of July 12, 1995, was a passenger in a 1979 Datsun 260Z. She was wearing her seat belt at the time of the accident. The driver, an uninsured defendant, was driving her home and was going approximately 60 mph in a 50 mph zone on Mission Boulevard near Monterey in the defendant city. While traversing a railroad crossing which being about 8 inches below grade, created a dip, the driver lost control of the vehicle, crossing into the center median and striking two trees. The decedent's head went into the windshield as a result. The conservatorship of the estate of the decedent brought this action against the defendant city and defendant railroad based on negligence and other various theories of recovery.

    Settlement Discussions

    The plaintiff made a settlement demand of $6 million. The defendants made an offer of $50,000 (as each defendant) at a previous mediation before judge Piatt of IVAMS.

    Specials in Evidence

    $175,000 minimum wage times life of plaintiff

    Other Information

    The settlement was reached approximately two years and six months after the case was filed. A settlement conference was held before Denise Madigan of JAMS/Endispute resulting in a 12-hour mediation and settlement of the case.


    #106956

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