Confidential
Settlement – $100,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Defendant
Myron Koch
(medical)
Thomas A. Boster
(technical)
Y.M. Nahabedian
(technical)
Martin H. Breen
(technical)
Clay A. Campbell
(technical)
Facts
On November 25, 1991, at 6:40 p.m., the plaintiff, a 50-year-old unemployed actress, was walking along Pacific Coast Highway ("PCH") in Malibu. The defendant was operating his vehicle northbound on PCH in the number two lane at approximately 45 mph. The defendant's vehicle struck the plaintiff and caused her to sustain injuries. The plaintiff brought this action against the defendants, the driver and the government entity, based on negligence and road design theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits) to the defendant driver.
Specials in Evidence
$400,000 (plus) none $_________ $400,000 (plus)
Damages
The plaintiff claimed $8,000,000 in damages.
Injuries
The plaintiff alleged that she sustained injuries to her entire body requiring 24 surgeries as a result of the accident.
Other Information
The settlement was reached approximately three years and three months after the case was filed. Plaintiff's counsel, David J. Shapiro, substituted into the case 4+ years post accident. The plaintiff's prior counsel failed to conduct discovery or timely designate experts. The case settled on January 26, 1996, at a voluntary settlement conference before Judge Robert Thomas for the defendant driver's policy limits. The defendant state was dismissed for a waiver of costs. The plaintiff retained her right to proceed, should she so choose, against her prior counsel.
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