Confidential
Settlement – $1,220,800Court
Case Not Filed
Attorneys
Plaintiff
Bruce A. Lindsay
(Jones & Mayer)
Experts
Plaintiff
Peter R. Francis Ph.D.
(technical)
John H. Holly
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Fred H. Cady
(technical)
H. Richard Adams M.D.
(medical)
Carlos F. Saucedo M.D.
(medical)
Peter Formuzis Ph.D.
(technical)
Facts
On July 19, 2002, at 5:15 a.m., in Santa Fe Springs, Doe Trucking Company, owner and employer of the driver of a tractor double trailer, made a quick left turn into the path of a Chevy Astro van containing seven passengers on the way to work. The van, traveling in excess of 35 mph, crashed into the right side of the tractor.
Settlement Discussions
Final settlement was $1,220,800 apportioned as follows: $1,005,000 (Roe 1); $100,000 (wife of Roe 1 for loss of consortium); $7,250 (Roe 2); $42,750 (Roe 3); $21,300 (Roe 4); $19,400 (Roe 5); $7,500 (Roe 6); $7,600 (Roe 7)
Specials in Evidence
$111,000 (Roe 1); $4,200 (Roe 2); $15,500 (Roe 3); $13,300 (Roe 4); $8,900 (Roe 5); $4,200 (Roe 6); $4,500 special damages for (Roe 7) $51,692 (Roe 1) No future loss of earnings on account of the undocumented alien status for Roe 1 $290,497 (Roe 1)
Damages
The wife of Roe # 1 asserted a claim for loss of consortium.
Injuries
Roe 1, a 30-year-old male, seated in the rear of the van struck his head on the back of the seat in front of him and sustained a compound comminuted depressed fracture of the skull and left temporoparietal brain contusion. He underwent brain surgery for a subdural hematoma. He still suffers from moderate cognitive deficits. He also sustained serious dental injuries. The wife of Roe 1 asserted a claim for loss of consortium. Roe 2, a 57-year-old male, suffered soft tissue injuries to the left shoulder and head. Roe 3, a 30-year-old male, suffered laceration of left eyelid with multiplicity of sutures, soft tissue injury to right leg and right anterior chest. Roe 4, a 49-year-old woman, suffered fracture of right rib, soft tissue injuries to the lower back, abdomen and left hand. Roe 5, a 26-year-old male, suffered sprain to the right wrist, soft tissue neck and shoulders. Roe 6, a 28-year-old male, suffered soft tissue injuries to the back and neck. Roe 7, a 28-year-old male, suffered soft tissue injuries to neck and back.
Other Information
The defendant trucking company extended the statute of limitations by a year and made certain advances to Roe 1 for his care and treatment which obviated the necessity of a lawsuit pending the permanent and stationary status of Roe 1 prior to settlement. The case was settled through mediation session with retired Judge William Sheffield of Judicate West.
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