Confidential
Settlement – $150,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Shawn Steel
(Shawn Steel Law Firm)
Defendant
Larry D. Peterson
(Peterson Oliver & Poll)
Experts
Plaintiff
Andrew Rawlings
(medical)
James Witwer
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Facts
On April 2, 1994, at approximately 6:35 p.m., the plaintiffs, a 60-year-old consultant (engineering thermoplastics), and his wife, a 55-year-old bookkeeper, were stopped for traffic due to construction on the northbound 55 Freeway. The plaintiffs' vehicle was rear-ended without warning and pushed 60 feet ahead, causing their car to turn in a circular fashion. The police report indicated that the defendant driver had been drinking, was leaving a wedding party and traveling at 60 mph at the time of the accident. The impact caused damage to the plaintiffs' Lexus, pushing the back bumper into the front seat. The plaintiff, husband and wife, brought this action against the defendant driver based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $115,000 -- $40,000 (plaintiff husband) and $110,000 (plaintiff wife). The defendant made a C.C.P. º998 offer of compromise for $25,000 (to the plaintiff husband). Per the plaintiff, the defendant made no settlement offers to the plaintiff wife. Per the defendant, he offered the plaintiff wife $50,000 prior to the defense independant medical examination.
Specials in Evidence
$6,763 (plaintiff husband); $14,535 (plaintiff wife)
Injuries
The plaintiff husband alleged that he suffered a musculoskeletal pain which resolved after several months. The plaintiff wife alleged that she developed an acute pain to her cervical spine which was diagnosed as an active herniated disk with direct impingement on a nerve. Both plaintiff and defense doctors recommended surgery.
Other Information
The settlement was reached approximately ___ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19____ before _________________ (name) of ________________ (affiliation or court) resulting in __________________ .
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390