Confidential
Settlement – $500,000Judge
Court
El Dorado Superior
Attorneys
Plaintiff
Raymond J. Pulverman
(Pulverman & Pulverman LLP)
Defendant
Experts
Plaintiff
Terrence C. Honikman
(technical)
Norman Fort
(technical)
Francis Burns
(technical)
Donald O. Fareed
(medical)
Richard D. Kahmann
(medical)
Steven Birch
(medical)
Defendant
James L. Strait
(medical)
Robert M. Bittle
(medical)
Jack Cornelius
(technical)
Dan D. Layton
(technical)
Peter L. Chase
(medical)
Facts
On May 12, 1994, the plaintiff passenger, a 61-year-old salesperson, and the plaintiff driver, a 49-year-old word processor, were traveling eastbound on Highway 50 when their vehicle was struck from behind by the defendant's vehicle. The defendant initially fled the scene of the accident. The plaintiffs brought this action against the defendant based on a negligence theories of recovery. The plaintiffs also sought punitive damages based on the defendant's alleged intoxication.
Settlement Discussions
Per the plaintiffs, the defendant made a settlement offer of $26,000 for plaintiff number one and $25,000 for plaintiff number two. Per the defendant, due to ongoing discovery necessary to evaluate the plaintiffs' claim, there were no serious settlement discussions prior to the settlement conference.
Specials in Evidence
$74,247 (plaintiff number one); $12,196 (plaintiff number two) $24,000 (plaintiff number one); $15,976 (plaintiff number two) $________ $______
Injuries
The plaintiff passenger alleged that she had full right hip arthroplasty approximately nine months post-accident as well as soft tissue lower back and neck injuries requiring chiropractic and physical therapy as a result of the accident. The plaintiff passenger also alleged that she fractured a molar. The plaintiff driver alleged that she had adhesive capsulitis of the right shoulder requiring a hydroplasty as well as soft tissue neck and back injuries requiring physical therapy.
Result
A settlement conference was held on December 18, 1995 before Hon. Melvin G. Beverly, commissioner of the Eldorado - South Lake Tahoe Superior Court, resulting in settlement. The defendant paid the policy limits of $500,000.
Other Information
The settlement was reached approximately nine months after the case was filed.
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