Confidential
Settlement – $1,000,000Court
San Bernardino Superior
Attorneys
Plaintiff
Daryl W. Leech
(Leech & Associates)
Daryl W. Leech
(Leech & Associates)
Defendant
Facts
On July 27, 1994, the plaintiffs, a 64-year-old backhoe operator and his 60-year-old wife, were driving in a 1984 Ford F-250 pick-up truck pulling a trailer with a backhoe when the defendant, driving a tractor/trailer rig, struck the rear of the plaintiffs', trailer causing the plaintiffs' truck to roll several times. The defendant was convicted of exceeding the speed limit. The accident occurred northbound on the I-15 south of Barstow Road. The plaintiffs brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$_________ (plaintiff husband), $____________ (plaintiff wife) $_________ (plaintiff husband), $____________ (plaintiff wife) $_________ (plaintiff husband), $____________ (plaintiff wife) $_________ (plaintiff husband), $____________ (plaintiff wife)
Injuries
The plaintiff husband allegedly lost consciousness and sustained a complex laceration to his head and was diagnosed with fractures of the C-2, C-4, C-7, T-1 and T-2. He alleged he sustained a concussion, a scalp laceration, bilateral carpal tunnel syndrome, a foreign body in his left hand, large left inguinal hernia (with surgical repair and reconstruction), diffuse disc bulge and osteophytes formation C6-7, central disc bulge measuring 3mm at C-7 and T-1, left paracental disc bulge measuring 3mm at C2-3 and a fractured left clavicle. The plaintiff husband also alleged he sustained fractured upper ribs on his left side and head trauma resulting in neurological damage which has caused memory loss and an inability to perform certain activities. He claimed he was unable to work in the construction field and that he experiences pain, discomfort and limitations in range of motion and flexibility on an ongoing basis as a result of these injuries. He also claimed he will require future medical care, including possible short courses of physical therapy, future diagnostic studies, possible surgeries, medication prescriptions and occasional office visits. The plaintiff wife alleged she sustained a comminuted fractured right clavicle, contusion of the right clavicle and right humerus with muscle injury, fibrosis at deltoid insertion, a herniated disc at C5-6, (2mm) with osteophyte formation and right elbow, knee, neck and back injuries. She alleged continued complaints of pain in her neck and upper-back radiating to both shoulders and down to her right elbow, with occasional tingling/numbness of the fingers of her right hand. She also alleged right shoulder/collarbone pain, ribcage pain, and headaches at the back and top of her head. The plaintiff wife alleged she will require future medical care, including occasional office visits, prescription medications, short courses of physical therapy, possible future diagnostic studies, such as MRIs and possible surgeries for removal of glass fragments from her wrist.
Other Information
According to the BAJI life expectancy tables, the plaintiff husband will live another 15 years and the plaintiff wife will live another 23 years.
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