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CONFIDENTIAL

Sep. 20, 1997

Personal Injury
Auto v. Pedestrian
Crosswalk

Confidential

Settlement –  $60,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Mark J. Peacock

Bruce M. Brusavich
(Abir, Cohen, Treyzon & Salo LLP)


Defendant

Philip C. Bloeser


Experts

Plaintiff

Dennis R. Delahanty
(technical)

S. Andrew Schwartz M.D.
(medical)

Defendant

Keith E. Liberman M.D.
(medical)

Ernest Z. Klein
(technical)

Facts

On Jan. 12, 1995, in the early evening, the plaintiff, a 36-year-old dispatcher, went jogging on a route which started at Wilshire and San Vicente in West Los Angeles extending to 7th and San Vicente (ultimately winding back where he started at Wilshire and San Vicente). At approximately 7 to 7:30 p.m., the plaintiff was jogging westbound on San Vicente when he arrived at its intersection with 7th. When he approached the intersection, the pedestrian light was red. He began jogging in place on the sidewalk at the corner of 7th and San Vicente waiting for the light to change to green. When it changed to green, he proceeded (inside the crosswalk) across the intersection. He was approximately 20 feet or so into the crosswalk when he suddenly looked to his left and noted the defendant's vehicle was about to hit him. The defendant had been traveling southbound on the street and was in the process of completing a left turn (onto eastbound San Vicente) at the time of the accident. The defendant's car struck the plaintiff while he was in the crosswalk. The plaintiff was tossed into the air.

Settlement Discussions

The settlement discussions were not disclosed.

Injuries

The plaintiff alleged that he sustained injuries to his left knee, including internal derangement and a tear of the lateral meniscus and medial collateral ligament, as well as possible anterior cruciate ligament instability and abrasion to the left knee. The plaintiff also alleged pain and contusion to the coccyx area. The plaintiff claimed that arthroscopic knee surgery was anticipated in the future.

Other Information

EXPERT TESTIMONY: Plaintiff expert Kreuper reconstructed the accident with the defendant probably running the red light, possibly entering intersection on a late yellow light. The defense expert Klein reconstructed the accident with the defendant entering the intersection on a green light.


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