Confidential
Settlement – $195,870Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Prabhas Tung
(medical)
Donald Dame
(technical)
John Branscum
(medical)
Jeffery L. Zehnder B.S.F.S
(technical)
Defendant
Sharon Weiss
(medical)
Louis Valli
(medical)
Timothy Selles
(technical)
Emile Dulion
(technical)
Facts
On October 24, 1994, the plaintiff, a 29-year-old heating and air conditioning technician, was driving a motorcycle northbound on Watt Avenue in Sacramento, when the defendant, an 80-year-old man, turned left in front of him. The motorcycle and vehicle collided. An independent witness testified that the plaintiff was driving his motorcycle in excess of 45 mph (possibly 60 mph). Additionally, drug testing at UCD Medical Center indicated that the plaintiff tested positive for amphetamines, cocaine and marijuana on the day of the crash. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $________. The defendant made a C.C.P. º998 offer of compromise for $____________ .
Specials in Evidence
$39,948 $15,172 $27,500
Injuries
The plaintiff alleged that he sustained major cuts and lacerations, a dislocated left shoulder with residual bone chips inside his shoulder area, a complete tear of the posterior cruciate ligament of his left knee requiring four days at the hospital, physical therapy, follow-up MRI's and follow-up with an orthopedic surgeon as a result of the accident. The plaintiff also alleged that his shoulder had a restricted range of motion, which will require future arthroscopy and that he has scars on his knee and arm which require reconstructive surgery.
Other Information
The award was reached approximately ____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19___ before ___________ (name) of ___________ (affiliation or court) resulting in _______________ . Per the plaintiff, the plaintiff was able to show bias on the part of the defendant's accident reconstructionist.
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