Confidential
Settlement – $50,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Scott J. Corwin
(Scott J. Corwin APLC)
Defendant
Christopher M. Sheedy
(Calendo, Puckett & Sheedy LLP)
Experts
Plaintiff
Bradley A. Jabour
(medical)
Phillip J. Kanter
(medical)
Moosa Heikali
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Chadwick E. Smith
(medical)
Facts
On June 3, 1996, the plaintiff, a 46-year-old pharmacist and mother of three children, was walking across the parking lot of an automobile service center. As she reached the area of the driveway that abutted the sidewalk, she stopped walking to look in her purse. The defendant, a 73-year-old retired physician, was backing his vehicle out of the parking lot. The defendant did not see the plaintiff standing on the sidewalk and the rear bumper of his vehicle struck the plaintiff. The plaintiff claimed the impact was slight. The plaintiff did not fall. The defendant exited the parking lot without exchanging information, 10 minutes later, the defendant returned and exchanged information with the plaintiff, claiming however, that his vehicle did not strike the plaintiff. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand of $18,537. The defendant denied liability and made no offer on three separate occassions. Two weeks after the defendant was served with the lawsuit, the defendant died. Even after the death of the defendant, his estate, insurance carrier and the attorneys continued to deny the accident happened, despite the loss of their only witness. Following the defendant's death, the plaintiff made a demand for the $100,000 (policy limits). After discovery, deposition and an independent medical examination, the defendant estate extended an initial offer of $30,000, increased to $50,000.
Specials in Evidence
$6,967
Injuries
The plaintiff alleged that she sustained cervical, lumbar and right hip sprains. The plaintiff also claimed that she sustained a 4 mm protrusion at L4-5 that would require further surgery in the form of laminectomy.
Other Information
The settlement was reached approximately six months after the case was filed. The defendant's medical expert felt that only two months of physical therapy was required and that surgery was not warranted.
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