Confidential
Settlement – $42,000Facts
On July 31, 1996, the plaintiff, a 31-year-old warehouse worker, was traveling on his motorcycle when he was struck by the individual defendant driving defendant distributor's truck. The defendant made a U-turn from a parking lane into the plaintiff's path of travel in the intersection of Slauson and Eastern Avenues in Commerce. The plaintiff was ejected from his motorcycle and landed on his right shoulder and back. The plaintiff was traveling approximately 25 mph just before the impact. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $60,000. The defendant offered $30,000.
Specials in Evidence
$13,000
Damages
The plaintiff claimed medical expenses of approximately $13,000.
Injuries
The plaintiff alleged soft tissue injury to his knee and shoulder pain.
Other Information
The settlement was reached approximately one year and two months after the case was filed. The plaintiff was not licensed to drive a motorcycle at the time of the incident, nor was he insured. The judge ruled that Proposition 213 applied to the plaintiff and excluded general damages at trial.
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