Confidential
Settlement – $95,000Judge
Court
Solano Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gary A. Bornstein
(Cravath, Swaine & Moore LLP)
(medical)
James H. Baver
(medical)
Barry Ben-Zion Ph.D.
(technical)
Facts
Plaintiff, a 24-year-old male enlisted in the Navy, was going to work at Mare Island on the morning of October 29, 1991. He was traveling east on Highway 37 in Solano County. Defendants No. 2 and No. 1 were also eastbound on Highway 37. Plaintiff testified in deposition Defendants were engaged in a speed contest behind him. They passed Plaintiff and continued harassing each other. Plaintiff testified that Defendant driver No. 1 went partially over the double yellow line into the westbound lane. Another vehicle (the uninsured motorist) was traveling westbound on Highway 37. He swerved to avoid Defendant No. 1, lost control and swerved into the eastbound lane and struck Plaintiff. Defendant No. 1 testified he was forced into the westbound lane by the Defendant No. 2's vehicle, and he admitted partial liability for the accident, but claimed the uninsured driver's vehicle over-reacted by swerving to avoid the Defendant No. 1's vehicle. Defendant No. 2 testified he was not involved in a speeding contest and denied liability.
Settlement Discussions
Plaintiff contends that the offer and demand were both $95,000 (from all available policies).
Injuries
Inoperable ruptured cruciate ligament of the left knee requiring physical therapy; as a result of this injury, Plaintiff was discharged from the navy.
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