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CONFIDENTIAL

Nov. 22, 1997

Personal Injury (Vehicular)
Auto v. Auto
Left Hand Turn Collision

Confidential

Settlement –  $625,000

Judge

William Burleson

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Mitchell J. Dawson


Defendant

John M. Boyko

Matthew Foose


Experts

Plaintiff

Richard L. Stone
(Jenner & Block LLP) (medical)

Sam Salloum
(technical)

Russell J. Vergess
(medical)

Charles Aronberg
(medical)

Defendant

Norman Johnson
(technical)

Facts

On Aug. 9, 1996, plaintiff, a 48-year-old knit and crochet shop owner, was driving northbound on Tujunga Avenue. Defendant was driving a rental car southbound and made a left turn in front of plaintiff. Plaintiff swerved to avoid hitting defendant and crashed into a wall. The vehicles did not make contact. The plaintiff struck the steering wheel of her car (no air bags). A witness confirmed that plaintiff was wearing a shoulder harness seat belt. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $700,000. The defendant made an offer of compromise of $450,000.

Specials in Evidence

$77,000 $12,000 + $25,000

Injuries

The plaintiff claimed she suffered facial trauma including orbital blowout fractures and facial fractures and a fractured wrist. Three reconstructive surgeries were required with one possible surgery in the future, and residual cosmetic injuries.

Other Information

The settlement was reached approximately 11 months after the case was filed. A mediation was held two weeks before trial on Oct. 31, 1997, before William Burleson, crash settlement officer. Exhibits had been marked and exchanged, jury instructions submitted and a 10-day trial estimated.

Length

eight hours


#112893

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