Confidential
Settlement – $135,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James E. King
(technical)
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
(technical)
Facts
From _____ 19____, through June 23, 1994, the defendant law firms represented the plaintiff medical doctor, on two separate matters. In one, they failed to find and use existing deposition of party from personal injury case to use as impeachment in claim of commission -- nonsuit granted on special grounds. In another, defendants failed to advise plaintiff to settle and caused him to pay over $125,000 in fees, costs and interest. The plaintiff brought this action against the defendant law firms based on negligence, legal malpractice, breach of fiduciary duty and fraud theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $185,000, reduced to $125,000 before trial. The defendant made a C.C.P. º998 offer of compromise for $75,000.
Damages
The plaintiff claimed $225,000 in damages.
Other Information
The award was reached approximately two years and three months after the case was filed. The arbitration was held on ___/____/1996 before ________________ (name) of ______________ (affiliation or court) resulting in ____________________ .
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