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CONFIDENTIAL

Oct. 17, 1998

Personal Injury (Vehicular)
Automobile Accident
Passenger

Confidential

Settlement –  $1,100,000

Court

USDC Colorado


Attorneys

Plaintiff

Allan Elliott Johnson


Defendant

James A. Casey


Experts

Plaintiff

Ron Brennan
(technical)

Patricia Pacey
(technical)

Robert Sherrill
(medical)

Jerry Brown
(medical)

Leslie McConville
(medical)

Ed Cotgageorge
(medical)

Defendant

Patrick M. Renfro
(technical)

L. Thompson
(medical)

Facts

On Aug. 11, 1996, the plaintiff, a 27-year-old man, was a restrained passenger in the right front seat of a BMW being operated by the defendant. The vehicle left the roadway at a high rate of speed and rolled over. The plaintiff brought this action against the defendant based on negligence. The defendant admitted liability.

Settlement Discussions

The plaintiff made a settlement demand for $________. The defendant made an offer of $____________ .

Damages

The plaintiff claimed $40,000 in lost earnings. His projected loss of future earning capacity, discounted to present value, was approximately $700,000. All of his medical bills (approximately $100,000) were paid by Colorado No Fault. Plaintiff's experts would have testified that he is capable of holding only minimum wage jobs that require limited skills. His work life expectancy is 35 years and his life expectancy is 47 years.

Injuries

The plaintiff sustained a skull fracture with an epidural hematoma and contusions to four different lobes of his brain. He was unconscious for five days, and the hematoma resolved without surgery. The plaintiff claimed has been left with impaired sustained attention; has difficulty learning new information and processes the information that he does receive slowly. He also claimed he underwent a personality change and is now short-tempered.

Other Information

The settlement was reached five days before trial was to commence.


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