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CONFIDENTIAL

May 4, 1996

Personal Injury (Vehicular)
Auto v. Truck
Left Turn Collision

Confidential

Settlement –  $110,000

Judge

Robert D. Fratianne

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Barry L. Edzant
(Law Office of Barry L. Edzant)


Defendant

Temple K. Harvey


Experts

Plaintiff

Karl N. Stein
(medical)

Douglas Collins
(medical)

Scott Weiner
(medical)

Defendant

Theodore Rothstein
(medical)

Facts

On November 24, 1993, the plaintiff, a 29-year-old chef, was operating his vehicle northbound on Old Road in Valencia. A truck operated by the defendant allegedly failed to yield to plaintiff's oncoming vehicle and made a left turn directly into the path of the plaintiff's vehicle. The plaintiff's vehicle went partially under the truck and a piece of metal from the plaintiff's vehicle struck the plaintiff on the head. The plaintiff brought this action against the defendant based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $150,000. The defendant made a settlement offer for $80,000.

Specials in Evidence

$14,250 $15,000 to $30,000 (disputed)

Injuries

The plaintiff alleged that he sustained an ear laceration with scarring, a closed head injury with post concussion syndrome (resulting in permanent concentration deficits and continuous pain) and soft tissue injuries to his neck and back as a result of the accident.

Other Information

The settlement was reached approximately one year and three months after the case was filed. A mediation was held in February, 1996, before Robert Fratianne of ARC resulting in a settlement of $110,000.


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