Confidential
Settlement – $200,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Tyler J. Barnett
(Yuhl Carr LLP)
Defendant
Jay S. McClaugherty
(McClaugherty & Associates)
Facts
Plaintiff Janet Burns was sitting in her parked car when defendant Steve Chung collided head-on with her vehicle. Steve Chung was having a seizure at the time of the accident. He was driving a BMW at the time of the accident and also owned a Mercedes. The Mercedes was not listed on the declaration page to the BMW. It was listed under a different insurance policy number than the BMW. Each policy had bodily injury limits of $100,000.
Contentions
PLAINTIFFS CONTENTIONS:
Janet and Jon Burns contended that Steve Chung negligently operated the BMW. The plaintiffs also contended that defendants Jessica Chung and Koon Chung negligently entrusted the vehicle to Steve Chung. The plaintiffs further claimed that the insurance policy for the Mercedes provided an additional $100,000 of coverage. DEFENDANTS
Janet and Jon Burns contended that Steve Chung negligently operated the BMW. The plaintiffs also contended that defendants Jessica Chung and Koon Chung negligently entrusted the vehicle to Steve Chung. The plaintiffs further claimed that the insurance policy for the Mercedes provided an additional $100,000 of coverage. DEFENDANTS CONTENTIONS:
The defendants contended that Steve Chung acted reasonably under the circumstances and that the $100,000 insurance policy for the Mercedes did not provide additional coverage.
Settlement Discussions
The plaintiff demanded $200,000 (policy limits for the defendants' BMW and Mercedes). The defendants offered $100,000 (policy limits for the BMW).
Injuries
The plaintiff sustained a fractured pelvis, hip and femur; and multiple internal injuries.
Result
The parties settled for $200,000.
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