Confidential
Settlement – $200,000Court
Santa Barbara Superior
Attorneys
Plaintiff
Experts
Plaintiff
Todd E. Christensen
(medical)
Harold L. Segal
(medical)
Facts
On May 22, 1995, the plaintiff, a 24-year-old supply journeyman with the U.S. Airforce, was drivng northbound in her 1994 Honda on Nevada Street in Lompoc. A vehicle driven by the defendant driver was proceeding eastbound on 11th Street when it allegedly failed to stop for the stop sign at the intersection of 11th and Nevada Streets. The defendant's vehicle struck the plaintiff's vehicle at the rear driver's side door and again at the rear driver's side quarter panel, spinning the plaintiff's vehicle approximately 180 degrees. The defendant was in the course and scope of her employment with the defendant tree service at the time of the collision. The defendant admitted at the scene to Air Force security that she did not see the plaintiff's vehicle. The plaintiff's vehicle incurred $3,232 in property damage. The plaintiff brought this action against the defendants, the driver and the tree service, based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $225,000. The defendants made an initial settlement offer of $173,500.
Specials in Evidence
$15,851 $40,000
Injuries
The plaintiff alleged she sustained soft tissue injuries to her neck and back and a lumbar disc protrusion at L4-5. The plaintiff underwent conservative therapy including physical therapy, non-steroidal anti-inflammatory agents, and various lumbar support bracing until April 17, 1996, at which time she underwent an open L4-5 discectomy with lateral recess decompression.
Other Information
The settlement was reached approximately five weeks after the case was filed. The plaintiff received an initial lump sum payment of $108,000 and will receive $700 per month for five years beginning on August 24, 1996. The p Plaintiff will also receive lump sum payments on Nov. 16, 1999 of $10,000, Nov. 16, 2001 of $15,000 and a final lump sum payment of $25,000 on Nov. 16, 2004, totaling $200,000 present cash value.
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