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CONFIDENTIAL

Aug. 29, 1998

Personal Injury (Vehicular)
Auto v. Auto
Negligence

Confidential

Settlement –  $35,000

Judge

C. David Serena

Court

Orange Superior


Attorneys

Plaintiff

Joseph McGinley


Defendant

Suzanne Klump


Facts

On Aug. 26, 1996, the plaintiff, a 61-year-old insurance salesman, was driving on the freeway when a bobtail truck driven by the defendant driver and rented from the defendant truck rental company collided with the plaintiff's vehicle. The defendant lost control, causing the truck to strike the plaintiff's vehicle twice. The plaintiff's vehicle was a total lost. The plaintiff brought this action against the defendants based on negligence. The defendants admitted liability, but disputed the severity of the plaintiff's claimed injuries and loss of earnings claim.

Settlement Discussions

The plaintiff made a settlement demand for $55,000. The defendants made an offer of $15,000 (defendant driver) and $7,500 (defendant truck rental company).

Specials in Evidence

$6,900 $25,000 (disputed)

Injuries

The plaintiff alleged an effusion to right knee (resolved) and numbness of the fingers of the right hand (resolved), diminished hearing in the right ear (disputed) and post-traumatic stress syndrome (resolving).

Other Information

The settlement was reached approximately _____ years and _____ months after the case was filed. A mediation was held on May 20, 1998 before C. David Serena of Judicate West resulting in the reported settlement.


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