Confidential
Settlement – $431,250Court
Tehama Superior
Attorneys
Plaintiff
Marc J. Katzman
(Marc Katzman Law)
Matthew B.F. Biren
(Biren Law Group)
Defendant
Mark D. Lipton
(Office of the San Francisco City Attorney)
Facts
On July 3, 1993, the plaintiffs, a 22-year-old member of the U.S. Airforce and his 19-year-old half brother, a high school graduate about to report to the U.S. Navy, were passengers in a Chevrolet Astro Van driven by their grandfather. The plaintiffs' vehicle was involved in an intersectional collision with a truck tractor being driven (bobtail) by the defendant transport company's employee, the defendant driver. The plaintiffs' van either failed to stop at a stop sign before proceeding into the intersection (as indicated by eye witnesses) or stopped and then proceeded into the path of the oncoming truck (as testified to by the defendant driver.) The plaintiffs brought this action against the defendant driver and the defendant driver's employer, the transport company, based on negligence theories of recovery. The plaintiffs also had a wrongful death claim for the death of their mother who was also killed in the accident. The wrongful death claim was a part of this settlement. The plaintiffs' grandfather was also killed in the accident.
Settlement Discussions
The plaintiffs' initial demand was $4,825,000. The plaintiffs' demand at the final settlement meeting was $650,000. The defendants' initial offer at the settlement meeting was $325,000. The defendant trucking company paid $425,000 and the estate of the grandfather paid $6,250 as part of the settlement of the defendant trucking company's indemnity claim against the estate.
Specials in Evidence
The 22-year-old plaintiff: $11,192. The 19-year-old plaintiff: $2,254
Injuries
The 22-year-old plaintiff alleged that he sustained a fractured cervical vertebrae requiring him to wear a surgical halo for three months; a fractured finger; and negligent infliction of emotional distress for having witnessed the deaths of his mother and grandfather as a result of the accident. The 19-year-old plaintiff alleged minor soft tissue injuries to his neck and negligent infliction of emotional distress for having witnessed the deaths of his mother and grandfather as a result of the accident.
Other Information
The settlement was reached approximately one year and eight months after the case was filed.
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