Confidential
Settlement – $295,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Michael L. Justice
(Law Office of Michael L. Justice)
Defendant
Mark S. Glazer
( Glazer & Blinder)
Experts
Plaintiff
Herbert A. Painter
(technical)
Darwood B. Hance
(medical)
Richard B. Delamarter
(medical)
Malcolm Lesavoy M.D.
(medical)
Anthony Nyerges
(medical)
Defendant
John F. Perry
(technical)
Richard Schwartz
(medical)
Facts
On March 6, 1996, the plaintiff, age 51, was injured in the parking lot of the defendant restaurant when the valet, employed by the defendant parking company, accidentally backed up, allegedly causing the plaintiff's car to collide with the plaintiff's right knee, knocking him to the ground. A neutral eyewitness stated that he saw the incident, and that the plaintiff was not knocked to the ground or struck by his car. The plaintiff immediately complained to the valet about the car backing into him, and one of the plaintiff's family members remarked that the plaintiff could really make some money on this situation.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million, lowered to $350,000. The defendant made a C.C.P. º998 offer of compromise for $50,000, increased to $200,000.
Specials in Evidence
$144,000 $100,000
Damages
The plaintiff claimed $144,000 in medicals and $100,000 in loss of earnings.
Injuries
The plaintiff had a life long pre-existing spine disease, and six months prior to the accident, had a fusion at L5-S1 but had been steadily recovering. Within weeks after the accident, the plaintiff began to deteriorate and became symptomatic again. One year after the accident, the plaintiff had another fusion at L4-5, and then developed staph infections requiring multiple debridement. He was hospitalized for 30 days.
Other Information
The settlement was reached approximately one year and 10 months after the case was filed.
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