Confidential
Settlement – $61,998Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jordan Kincaid
(technical)
Arnold R. Rabin
(medical)
Defendant
Gerald Kenner
(medical)
David M. Yoshida M.D.
(technical)
Facts
On November 22, 1994, the plaintiff, a 30-year-old student, was walking along the edge of Perimeter Road, in a gutter area, when she was struck by a vehicle operated by the defendant. The plaintiff suffered injuries in the accident. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $55,000. The defendant made a settlement offer of $20,000.
Specials in Evidence
$12,000
Injuries
The plaintiff alleged that she sustained a head injury and a shoulder fracture as a result of the accident.
Other Information
The award was reached approximately eleven months after the case was filed. The binding arbitration was held on January 22, 1996, before Thomas Reese, Esq. and resulted in a net award of $49,599 after reduction for the plaintiff's comparative negligence.
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