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CONFIDENTIAL

Aug. 26, 2003


Personal Injury
Auto v. Auto
Rear-End Collision

Confidential

Settlement –  $900,000

Judge

Michael B. Rutberg

Court

Orange Superior


Attorneys

Plaintiff

J. Luis Garcia


Defendant

Patrick E. Whalen


Experts

Plaintiff

Allan Keith Miller
(technical)

Jeffrey Johnsrud
(medical)

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

Joyce Elaine Pickersgill
(technical)

Jeffrey Deckey
(medical)

Mayank Pathak
(medical)

Defendant

Chadwick E. Smith
(medical)

Fred M. Johnson
(technical)

Edward L. Workman
(technical)

Joseph P. Magaddino
(technical)

Facts

Plaintiff Frieda Darling was a 58-year-old collections specialist. On Dec. 10, 2001, she was driving her 1993 Ford Escort northbound on the Santa Ana Freeway in Orange County. Defendant Stephen Waimey was also driving northbound on the Santa Ana Freeway while in the course and scope of his employment with Kia Motors. Subsequently, defendant's 2001 Kia Optima rear-ended the plaintiff's car just south of the San Diego Freeway and pushed it into the rear-end of the car in front of plaintiff. The plaintiff sued defendant, alleging vehicular negligence.

Settlement Discussions

The plaintiff demanded $1,4 million (per defense counsel). The defendant offered $600,000 (per defense counsel).

Specials in Evidence

$81,670 (per plaintiff's counsel); $190,000 (per defense counsel)

Injuries

The plaintiff suffered a cervical stenosis with cord compression and cervical myelopathy, a fracture of the humerus and a hematoma to her leg. She under went a five-level posterior and anterior cervical fusion at C3, C4, C5, C6 and C7.


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