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

Aug. 17, 1996

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Confidential

Settlement –  $150,000

Judge

C. Robert Jameson

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 __________________ .


#113866

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

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