Confidential
Settlement – $200,000Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
On October 11, 1994, the plaintiff, a 60-year-old man, was operating a Lincoln Limousine on East Mission Road in San Marcos, California. As he slowed to allow a vehicle in front of him to turn into a parking lot, the truck driven by the defendant struck him from behind. The limousine was deemed a total loss as a result of the accident. The defendant's truck also sustained significant damage. The plaintiff alleged that he was thrown about violently in the vehicle, struck his left knee and lost conciousness. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1,100,000. The defendant made a C.C.P. º998 offer of compromise for $15,000 prior to the mediation.
Specials in Evidence
$40,000 $________ $___________ $40,000
Injuries
The plaintiff alleged that he sustained an injury to his left knee requiring a knee replacement as a result of the accident. The plaintiff had an arthroscopy, placement of an intermedulary rod to straighten a deformity from a 1955 knee injury and the removal of the rod (in preparation for knee replacement surgery).
Other Information
The settlement was reached approximately one year after the case was filed. A mediation was held on March 5, 1996 before Thomas Sharky of J.A.M.S./Endispute of San Diego resulting in the reported settlement.
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