Confidential
Settlement – $300,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Facts
On June 24, 1993, the defendant followed and confronted the plaintiff, a 39-year-old longshoreman, after the defendant discovered the plaintiff had been having a long term extramarital affair with his wife. The defendant shot the plaintiff in the hand and neck. While the plaintiff was also armed with a handgun, he did not use it. The plaintiff brought this action against the defendant based on assault, battery and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The parties agreed on a stipulated judgment for $300,000 for the negligence cause of action and dismissal of the first cause of action for assault and battery. The defendant stated he intended to file for bankruptcy. There was no insurance.
Specials in Evidence
$44,385 $96,000 $100,000 $15,000
Injuries
The plaintiff alleged he was shot in the hand and neck with a .38 caliber handgun, suffering a comminuted fracture on his left hand requiring several surgeries resulting in limited use and scaring. The plaintiff claimed the bullet was still lodged in his neck. Per the defendant, the plaintiff seems to have fully recovered from his injuries.
Other Information
The settlement was reached approximately two years and one month after the case was filed.
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