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CONFIDENTIAL

Oct. 14, 1995

Personal Injury (Vehicular)
Automobile Accident
Intersectional Collision

Confidential

Settlement –  $830,000

Judge

R. William Schoettler Jr.

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Scott Brickell


Defendant

Robert F. Kull
(Kull + Hall)

David J. Reinard
(Law Offices of David Reinard PC)

Kathleen T. Deeley


Facts

On October 14, 1993, Plaintiff, a 63-year-old courier, was injured during the course and scope of her employment. Defendant employee driving a Chevrolet Blazer (leased by Defendant Corporation) in the course and scope of her employment for Defendant corporation, ran a red light and struck Plaintiff in her 1991 Toyota Celica. The Defendant driver was traveling at a high rate of speed at the time.

Settlement Discussions

Plaintiff contends she demanded $1,100,000 (policy limit) and Defendants offered the automobile policy limits of $100,000; an undisclosed offer was made by Defendant's business liability policy carrier. Defendants contend Plaintiff initially demanded $1,100,000, then reduced to $900,000; one carrier offered policy limits of $100,000; other carrier, which initially denied coverage, later offered $500,000, increased to $650,000, and ultimately to $730,000.

Specials in Evidence

$200,000 $50,000 $20,000

Injuries

Left clavicle fracture, multiple rib fractures, lacerated spleen, collapsed lung, bilateral pelvic fractures, and head trauma -- requiring an emergency laparotomy and a thoracectomy during a one-week hospitalization and future unspecified shoulder surgery; residual scarring and permanent limitations of motion of the head and shoulders.


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