Confidential
Settlement – $55,755Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Rian W. Jones
(Epsten, Grinnell & Howell APC)
Experts
Plaintiff
Charles E. Fuerst
(medical)
Douglas Triffon
(medical)
Facts
In 1986, the plaintiff, a 60-year-old owner of a florist business, had quadruple bypass graft surgery. Since 1986, his cardiac status had been fairly manageable. On Sept. 17, 1994, at approximately 2 p.m., the plaintiff was driving his 1989 Mercedes north on Proctor Valley Road in El Cajon, at approximately 35 mph. A second vehicle, driven by defendant driver 1 was stopped, facing south on Proctor Valley Road, waiting to make a left-hand turn. Defendant driver 1's vehicle was rear ended by a third vehicle, driver 2 which propelled defendant driver 1's vehicle into the plaintiff's vehicle, in a broadside collision. Four months later, the plaintiff suffered two subsequent heart attacks. The plaintiffs, husband and wife, brought this action against the defendants, driver 2 and the driver's employer, based on negligence, respondeat superior and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $200,000. The defendants made $13,000 settlement offer, increased to a C.C.P. º998 offer of compromise for $25,000 prior to arbitration.
Specials in Evidence
$5,642
Damages
The plaintiff wife claimed loss of consortium.
Injuries
The plaintiff alleged that he sustained soft tissue injuries to his cervical and lumbar spine and his left shoulder and insomia as a result of the accident. He also alleged the accident caused him to suffer two heart attacks in January 1995.
Other Information
The settlement was reached approximately nine months after the case was filed. ARBITRATION: An arbitration was held on May 23, 1996, before Frank Clowney resulting in an award of $45,157, plus costs to the plaintiff husband and $10,000 to the plaintiff wife. The plaintiffs settled for the amount of the arbitration award.
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