Confidential
Settlement – $250,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Paul T. Gough
(Law Office of Paul T. Gough)
Defendant
Edor G. Anderson III
(Raffalow, Bretoi, Lutz & Stele)
Experts
Plaintiff
William A. Anneman
(technical)
Chester A. Hasday
(medical)
William C. Dement
(medical)
Defendant
Ilan Tamir
(medical)
Facts
On November 11, 1993, at 1:30 a.m., the plaintiff, a 23-year-old student, was driving a 1987 white Toyota Celica when he apparently ran out of gas on the 134 Freeway in the number three lane, adjacent to the Buena Vista on-ramp of the freeway. The defendant trucker was driving a fully loaded tractor trailer and struck the plaintiff's vehicle at 55 mph. Both vehicles were deemed a total loss. The plaintiff brought this action against the defendants based on a negligence theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$72,000 $50,000 $_________ $13,500
Injuries
The plaintiff alleged that he sustained a broken left femur, broken ribs, a dislocated elbow, a concussion, cuts and a contusion, as a result of the accident. The plaintiff had a rod surgically implanted in his left femur that did not heal and broke ten months later. The plaintiff spent 18 days in traction waiting for surgery to replace the broken rod. The second rod was improperly placed necessitating a third corrective surgery four months later. The plaintiff's left leg is 1+ inches shorter than the right necessitating an orthopedic shoe. He alleged that he is unable to engage in normal recreational activities.
Result
A mediation was held on January 12, 1996 before Hon. Dion Morrow (retired) of ARC.
Other Information
The settlement was reached approximately one year and three months after the case was filed. The settlement of $250,000 was partially structured with a payment of $150,000 immediately and $100,000 structured over four years. The medical lien was reduced to $35,000.
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