Confidential
Settlement – $835,000Judge
Court
Marin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John Silvera
(medical)
Barry Ben-Zion Ph.D.
(technical)
Defendant
Kevin D. Harrington
(medical)
Facts
On January 31, 1995, the plaintiff, a 39-year-old hotel general manager, was a pedestrian crossing in the crosswalk at Third and Tamalpias Streets. The defendant, operating a 1968 Ford Mustang, made a left turn onto Third Street, a one-way street, and struck the plaintiff. The defendant admitted liability but disputed the extent of the plaintiff's injuries. The plaintiff brought this action against the defendant driver based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1,100,000 (policy limits) (per the plaintiff) and a $999,999 settlement demand (per the defendant). The defendant made no settlement offer prior to mediation.
Specials in Evidence
$75,000 (per the plaintiff), $71,685 (per the defendant) $35,000 (per the plaintiff), $38,000 (per the defendant) $351,150 (per the defendant) $120,000 (per the plaintiff), $192,000 (per the defendant)
Injuries
The plaintiff alleged that she sustained a shattered pelvis and acetabulum and a vascular necrosis requiring hip replacement as a result of the accident.
Other Information
The settlement was reached approximately eight months after the case was filed. A mediation was held on January 4, 1996, and January 24, 1996, before the Hon. William Bettinelli of J.A.M.S./Endispute resulting in a settlement (after eight hours).
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