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CONFIDENTIAL

Oct. 5, 1996

Personal Injury (Vehicular)
Automobile Accident
Parked Vehicle

Confidential

Settlement –  $310,000

Judge

Russell Bostrum

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Richard R. Reyes


Experts

Plaintiff

Thomas Grayden
(medical)

Harry J. Krueper Jr.
(technical)

Hagun Lee
(medical)

Defendant

Daniel S. Asimus
(medical)

Facts

On May 21, 1993, at about 3 p.m., the _____ and __-year-old plaintiffs time technicians, working for the cross-defendant, were sent to assist a disabled vehicle on the southbound Golden State Freeway about 1,000 feet north of Rinaldi Street. Their jobs required them to assist vehicles. The disabled vehicle was parked completely on the right shoulder facing south. The _-year-old plaintiff's vehicle, a 1991 Dodge pick-up was also parked on the right shoulder in front of the disabled vehicle owned and operated by cross-defendants. The _-year-old plaintiff arrived after the other plaintiff bringing a special tire. The _-year-old plaintiff's vehicle a 1993 Dodge pick-up was also parked on the shoulder in front of the other plaintiff's vehicle. All three of these vehicles were parked on the shoulder outside of the freeway lanes. While the plaintiffs were in the process of helping the disabled vehicle, a 1990 GMC truck owned by defendant company and driven by defendant driver drove off the freeway at about 60 mph. onto the shoulder striking the three legally parked vehicles. The _-year-old plaintiff was leaning into his pick-up truck to use a phone when he heard a loud crash and then was struck. The plaintiffs brought this action against the defendants based on negligence and ____________ theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $____________ . The defendants made a C.C.P. º998 offer of compromise for $_____________ .

Specials in Evidence

$40,335 (______-year-old plaintiff); $9,013 (_____-year-old plaintiff)

Injuries

The ____-year-old plaintiff alleged that he sustained a fractured left leg, open reduction and internal fixation, comminuted fracture of left tibia and fibula and post traumatic stress disorder. The ___-year-old plaintiff alleged that he sustained neck and back sprains, contusions to right shoulder and buttocks.

Other Information

The settlement was reached approximately _____ years and _____ months after the case was filed. A mediation was held on _____/____/1996 before Russell Bostrum, retired, of Judicate West resulting in ____________ .

Length

7 hours


#109729

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