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CONFIDENTIAL

May 18, 1996

Personal Injury (Vehicular)
Auto v. Truck
Rear End Collision

Confidential

Settlement –  $333,958

Judge

Terrence R. Van Oss

James T.C. Nuss

Court

San Joaquin Superior


Attorneys

Plaintiff

David C. Rancano


Defendant

David A. Wallis


Experts

Plaintiff

Gene Gonzales
(technical)

Vernon Kent Fong
(medical)

Facts

On September 28, 1993, the plaintiff, a 25-year-old certified nurse assistant, was traveling southbound on El Dorado Street in the city of Stockton. The defendant driver was also driving his commercial truck southbound on El Dorado Street. As the plaintiff approached the intersection with Fourth Street, the defendant driver swerved and collided with the left rear quarter of the plaintiff's vehicle. The impact of the collision caused the plaintiff's vehicle to spin and come to a stop at the intersection of El Dorado and Fourth Street. The plaintiff brought this action against the defendants, the driver and the trucking company (the owner of the truck), based on negligence theories of recovery.

Settlement Discussions

The plaintiff and the defendants did not make any settlement demands or offers.

Specials in Evidence

$20,508 $51,100 (and $52,163 for vocational rehabilitation) $127,700

Damages

The plaintiff claimed $52,163 in vocational rehabilitation expenses.

Injuries

The plaintiff alleged that he sustained a ruptured disc at L4-5 and L5-S1 requiring decompression and fusion at both levels as a result of the accident.

Other Information

The award was reached approximately two years after the case was filed. A trial de novo was not filed by either party.


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