Confidential
Settlement – $575,000Court
Santa Clara Superior
Attorneys
Plaintiff
Stephen M. Murphy
(Law Offices of Stephen M. Murphy)
Defendant
Vincent W. Marsella
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Matthew Bowen
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Ronald E. Saul
(medical)
Defendant
Paul R. Lees-Haley
(medical)
Facts
On Thursday, June 20, 1996, the defendant driver rented a car from the rental company to drive from Oxnard to the University of California at Davis. At the time of the collision, the defendant driver was merging from Highway 101 to 680 in San Jose and was traveling between 45 and 60 mph when he noticed traffic ahead had come to a stop. The defendant applied his brakes, skidded 30 feet and collided into the rear of plaintiff's Geo Prism, a 57-year-old nun. The force of the collision spun the plaintiff's car so that it was facing the wrong direction. Both cars sustained major damage. The plaintiff brought this action against the defendant based on a negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 demand for $750,000.
Specials in Evidence
$99,621.09 $18,000
Damages
As a result of the plaintiff's injuries, the plaintiff's future earning capabilities will affected.
Injuries
The plaintiff suffered from a closed head injury with subdural hematoma on the left side and a temporal lobe contusion on the right side with traumatic subarachnoid hemmorrhage, mild neurocognitive impairments, measurable sensory loss in the left lower extremities, tinnitus and diminished hearing in her left ear; and soft tissue injuries to back and neck resultin in limited range of motion. She spent several months training with an occupational therapist, physical thereapist and speech pathologist. The plaintiff is a highly educated Catholic nun. Prior to the collision, she worked 24 hours per week in the Youth Ministry for which she received $1,414.85 per month. The plaintiff did not work from the date of the accident through November, 1996, when she returned part time. She resumed a 24 hour per week schedule in July 1997.
Other Information
The settlement was reached approximately one year and eight months after the case was filed. A mediation was held on July 27, 1998, before Judge Victor Campilongo of JAMS/Endispute, resulting in no settlement. The settlement was reached shortly after the mediation.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390