This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Apr. 30, 1997

Personal Injury
Product Liability
Truck Accident

Confidential

Settlement –  $3,180,000

Judge

Valerie L. Baker

Court

L.A. Superior Central


Attorneys

Plaintiff

Richard A. Fischer

James E. Fox
(Fox & Fox)


Defendant

Michael J. Garey
(Lewis, Brisbois, Bisgaard & Smith)

David H. Canter

Thomas C. Sanford

William O. Martin
(Haight, Brown & Bonesteel LLP)

Douglas C. Pease


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.


#109842

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390