This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Oct. 30, 1993

Personal Injury (Vehicular)
Automobile Accident
Speeding Contest

Confidential

Settlement –  $95,000

Judge

Dennis W. Bunting

Court

Solano Superior


Attorneys

Plaintiff

Ellen Thwaites


Defendant

Thomas A. Campbell

Nancie J. Mika

William Seifert


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.


#113665

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390