Confidential
Settlement – $3,180,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
James E. Fox
(Fox & Fox)
Defendant
Michael J. Garey
(Lewis, Brisbois, Bisgaard & Smith)
William O. Martin
(Haight, Brown & Bonesteel LLP)
Experts
Plaintiff
Don H. Wright
(technical)
Lawrence J. Kashar Ph.D.
(technical)
Craig Hood
(technical)
Robert Goldsmith
(technical)
Robert J. Cunitz
(technical)
Jackson Lee
(medical)
Steven A. Blewett
(technical)
Donald L. Asa
(technical)
Vic Osborne
(medical)
Facts
On Dec. 21, 1995, defendant truck owner's "big rig" was heading southbound on the Long Beach freeway, lost two of its left drive axle wheels. One of the wheels bounced across the Long Beach freeway and into the northbound lanes, crashing into a southbound big rig driven by the plaintiff, a 40-year-old truck driver. The plaintiff brought this action against the defendants based on negligence, product liability and spoliation theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand against the motor carrier defendants for $3 million. There were three settlement conferences, including a full day mediation conducted by Justice Robert Feinerman.
Injuries
The plaintiff sustained multiple leg and arm fractures, the most serious being a comminuted fracture of the tibial plateau with non-union.
Other Information
The settlement was reached approximately two years and four months after the case was filed.
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