Confidential
Settlement – $55,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Mary Childs
(Yoka & Smith LLP)
Experts
Plaintiff
Albert Mansour
(medical)
Hamid Rahman
(medical)
Bhupat Desai
(medical)
Facts
On September 10, 1993, the plaintiffs, a 44-year-old student, and a 43-year-old customer service representative, were traveling eastbound on the 60 freeway in Pomona. The defendant driver was traveling in the same direction behind the plaintiffsÆ vehicle. The vehicle operated by the defendant driver struck the plaintiffsÆ vehicle from behind. The defendantÆs vehicle then went out of control, hit the center divider and bounced back, again striking the plaintiffsÆ vehicle. The plaintiffs brought this action against the defendants, the driver, the owners of the vehicle and the driverÆs employer, based on negligence theories of recovery.
Settlement Discussions
Per the defendants, the plaintiff student made a settlement demand in excess of $1,000,000.
Specials in Evidence
$6,182 (plaintiff student); $2,955 (plaintiff customer service representative) $________ $________ $2,955 (plaintiff customer service representative)
Injuries
The plaintiff student alleged that he sustained soft tissue injuries to his back and neck, facial trauma resulting in pain and suffering and a lingering parasthesia to his right cheek as a result of the accident. The plaintiff student also alleged that his schooling was interrupted and he was afraid to travel in vehicles as a result of the accident. The plaintiff customer service representative alleged that she sustained soft tissue injuries to her neck, back and hip as a result of the accident. Per the defendants, the plaintiff student claimed that he suffered dizziness as a result of the accident which prevented him from working as a social worker.
Other Information
The settlement was reached approximately two years and eight months after the case was filed. A settlement conference was held on February 26, 1996, before Judge Alfonso Bazan of Pomona Superior Court. A prior arbitration resulted in an award of $69,456 for the plaintiff student. A trial de novo was requested.
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