Confidential
Settlement – $30,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gerald L. Laderman
(Law Offices of Gerald Laderman)
Defendant
Sean D. Beatty
(Beatty & Myers LLP)
Experts
Plaintiff
Richard P. Pollis
(medical)
Hooshang Tabibian
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Neil I. Chafetz
(medical)
Facts
On Nov. 5, 2002, the plaintiff Laurinda Cocchiaro was stopped at the intersection of Pico and Fox Hills Drive, Los Angeles, in her 2001 VW Jetta. The defendant Alfred Mekelburg was driving a 1992 Lincoln Town Car and rear-ended a 1998 Honda Accord. The Accord then struck the rear of the plaintiff's vehicle, causing $5,500 in damage.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $65,000, subsequently raised to $100,000. The defendant made a C.C.P. Section 998 offer of $30,000, at which figure there was an agreed settlement.
Specials in Evidence
$13,500 none $13,500 including the costs of future surgery
Injuries
The plaintiff went to the emergency room at Cedars Sinai Hospital immediately following the accident for injuries to her neck, shoulders, upper back and right leg. Subsequent MRI revealed a 3 mm disc bulge at C5-6. Several months of physical therapy failed to resolve the plaintiff's complaints of severe neck, back and shoulder pain and radiculopathy in the right arm.
Other Information
The plaintiff's original settlement demand of $65,000 was increased to $100,000 (policy limits) after the plaintiff received a copy of the defendant's IME report indicating that the disc bulge and future surgery was related to the accident. The defense was then transferred to new counsel, Demler, Armstrong & Rowland. After further investigation and discovery was conducted, a C.C.P. 998 for $30,000 was served and the plaintiff accepted this offer on the day before trial.
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