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CONFIDENTIAL

Sep. 20, 2001

Real Property
Product Liability
Landslide

Confidential

Settlement –  $175,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Anthony Marsh
(Law Office of Anthony Marsh)


Defendant

Alan J. Zapala


Experts

Plaintiff

R. Rexford Upp
(technical)

Defendant

Robert Pyke
(technical)

Facts

On Aug. 16, 1995, Heidi MayerÆs vehicle collided with the defendant, her aunt, who was driving a truck. The
truck was pulling a loaded horse-trailer. They were traveling in tandem from Northern Colorado to a rodeo in
Wyoming. The vehicles collided while traveling 42 mph. Initially, Cochran filed suit against Mayer. That
claim settled and MayerÆs claim against Cochran went to trial.

Settlement Discussions

A $100,000 final demand one year prior to trial. There was a $1.00 statutory offer of settlement. There was an indication of $10,000 shortly before trial.

Injuries

The plaintiff alleged facial fractures, fractured jaw, pelvis and sacrum which required four surgeries, minor facial scarring on the chin and at surgical incision sites, mild closed head injury with post-concussive headaches. The jury was instructed that $40,000 remained under the no-fault policy. The plaintiff also claimed permanent disability, physical impairment and disfigurement, pain and suffering and loss of enjoyment of life.


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