Confidential
Settlement – $4,980,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Eric F. Yuhl
(Yuhl Carr LLP)
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Joshua A. Quinones
(Clark Hill LLP)
Scott L. Hengesbach
(Murchison & Cumming LLP)
Experts
Plaintiff
William Katkov
(medical)
Brian P. Jacks
(medical)
Edmund R. Cababa
(technical)
Ronald E. Saul
(medical)
Barry I. Ludwig M.D.
(medical)
Theodore Vavoulis
(technical)
Jeffrey A. Schaeffer Ph.D.
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Defendant
William W. Sutherling
(medical)
Douglas K. Detterman
(medical)
Leon Brachman
(technical)
Kenneth L. Pearl B.S.M.E.
(technical)
Edward L. Workman
(technical)
Barbara C. Luna
(technical)
Jeffrey M. Lulow
(medical)
Karen Jorgensen
(technical)
David J. Paster
(medical)
Facts
On Nov. 4, 1998, the plaintiff, a 30-year-old fitness trainer, and a 1997 MBA graduate from
USC's Marshall School of Business, was traveling westbound on Rose Avenue in West Los
Angeles. She stopped at the red light at the intersection with Lincoln Blvd. The defendant, in a
1997 Toyota pickup truck leased from the defendant rental agency, collided with the plaintiff's
vehicle. The defendant was driving the vehicle in the course and scope of his employment. The
investigating L.A. Police Department officer concluded that the plaintiff was the primary collision
factor in the incident. However, the lone known witness to the accident (who never spoke to the
police) stated that the defendant ran a red light.
The plaintiff contended that she proceeded properly into the intersection after the traffic light turned to green. She
contended that the defendant ran the red light and was speeding and inattentive.
The defendant contended that he was driving within the speed limit and properly entered the intersection on a
green light, whereas the plaintiff had entered on a red light. The plaintiff had, as a consequence, violated the
defendant's right-of-way and he had no time to avoid the resulting impact.
Settlement Discussions
The plaintiff's initial demand was $15 million. The defendants' initial offer was $200,000. At the conclusion of the first mediation, the demand was lowered to $7.5 million and the offer increased to $3.25 million. Thereafter, the parties negotiated amongst themselves and resolved the case.
Specials in Evidence
$395,598 The plaintiff claimed she had the pre-earning potential of an MBA but, as a result of the accident, could no longer anticipate that earning capability. The plaintiff's experts calculated the present value of her loss of earnings at $3.1 million. The defendants expert opined that the plaintiff's present value of impaired earnings at approximately $800,000. $601,757. The defendant submitted that $300,000 would be appropriate for future medical expenses.
Damages
The plaintiff claimed she had the pre-earning potential of an MBA but, as a result of the accident, could no longer anticipate that earning capability. The plaintiff's experts calculated the present value of her loss of earnings at $3.1 million. The defendants expert opined that the plaintiff's present value of impaired earnings at approximately $800,000.
Injuries
The plaintiff was in a coma for 18 days due to severe traumatic brain injury. The plaintiff was hospitalized for over two months, and then treated on an out-patient basis for nearly four months. The plaintiff claimed residual cognitive deficits, personality changes, reduced IQ, depression, social isolation, a degree of left side hemiparesis, limited work prospects (sheltered work environment only) and need for daily living care assistance. The defendant submitted that the plaintiff had made a substantial recovery and that even further improvement was likely. Additionally, the defendant alleged that an analysis of the plaintiff's SAT and GMAT test scores showed little change in her IQ and that any personality changes were pre-existing.
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