Confidential
Settlement – $400,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul Karkis
(technical)
Facts
On Oct. 8, 1995, plaintiff, a 33-year-old police officer, was riding her brother's 1995 personal watercraft. After fueling, she unsuccessfully attempted to start it. She then opened the engine compartment, and according to witnesses, wiggled the battery cable. The leaking fuel vapor ignited. A fuel filler neck crack was found at inspection. In 1997, defendant recalled all similarly equipped personal watercraft because of potential fuel filler neck cracks although defendant denied the existence of other accidents. The plaintiff brought this action against the defendant manufacturer and the selling dealer based on negligence and strict liability theories of recovery. The selling dealer filed a cross-complaint against the manufacturer. Both filed cross-complaints against plaintiff's brother.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $__________. The defendant made a C.C.P. º998 offer of compromise for $______________ .
Specials in Evidence
$80,646.85 The plaintiff returned to work three months after the accident and did not miss work since that time. $___________
Damages
The plaintiff alleged $80,646.85 in special damages.
Injuries
The plaintiff suffered second and third degree burns over 10 percent of her body and underwent skin graft surgery.
Other Information
A mandatory settlement conference was held on Sept. 29, 1997, before Judge Rich, resulting in the reported settlement.
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