Confidential
Settlement – $175,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Scott J. Corwin
(Scott J. Corwin APLC)
Defendant
Thomas B. McNutt
(Youngerman & McNutt LLP)
David J. Kaminski
(Carlson & Messer LLP)
J. Patrick Jacobs
(Stalwart Law Group)
Experts
Plaintiff
Bradley A. Jabour
(medical)
Brian F. King M.D.
(medical)
Cynthia Watson
(medical)
George E. Wilkinson
(medical)
Stuart Baumgard
(medical)
Defendant
Keith E. Liberman M.D.
(medical)
Raymond Merala M.S.
(technical)
Alfred D. Chichester
(technical)
Stephen B. Fierstein
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
On April 3, 1996, plaintiff, a 54-year-old customer service representative, was travelling southbound on Pacific Coast Highway attempting to negotiate a left hand turn onto West Channel Road in Santa Monica on a green arrow. The defendant, an insurance company nurse, while in the course and scope of her employment, ran the red light on northbound Pacific Coast Highway at 45 mph, colliding with plaintiff's vehicle. The plaintiff was treated at the scene by paramedics, transported to the local hospital emergency room and released the same day, with an initial diagnosis of soft tissue injuries only. The plaintiff initiated treatment with her chiropractor, who subsequently referred plaintiff to both an internist and an orthopedic surgeon due to persistent symptoms. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Per plaintiff, the initial demand was $250,000. Per defendant, plaintiff demanded $650,000. The defendant made no offers for more than one year. After suit was filed, defendant initially offered $81,385. No further settlement discussions were held until six weeks prior to the trial date.
Damages
The plaintiff claimed $59,502 in medical bills.
Injuries
The plaintiff was initially diagnosed with strain and sprain injuries to her neck, low back, knees, right shoulder, and a right breast contusion that was treated with chiropractic manipulation and physical therapy. Six months following the accident, a left knee MRI revealed chrondomalacia and a torn lateral meniscus for which the plaintiff underwent arthroscopic surgical repair. Nearly one year after the accident, plaintiff underwent a series of three lumbar MRI and CT scans, which revealed severe degenerative disc disease at L4-5 and L5-S1, along with 4mm disc protrusions at both levels with possible compressions of the exiting nerve roots. The plaintiff had low back surgery 20 years prior, and scar tissue hampered the MRI scans. The plaintiff claimed future surgery for her low back and right thumbs as well as additional knee surgery. Defendants disputed that these were related to the accident.
Other Information
The case settled approximately one year and three months after the complaint was filed, and 3+ weeks prior to trial.
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