Confidential
Settlement – $1,604,000Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Donald C. Randolph
(Randolph & Sampson, APC)
Michael I. Levanas
(ADR Services)
Defendant
Joe W. Hilberman
(ADR Services, Inc. )
Experts
Plaintiff
Richard S. Gluckman
(medical)
Martin Wallin
(technical)
Peter Orner
(technical)
Tamorah Hunt
(technical)
Michael Smolens
(medical)
Aram Glorig
(medical)
Debra S. Borys
(medical)
J. Wilson Dick
(technical)
Defendant
Lawrence J. Richman J.D.
(medical)
Arthur Horkay
(technical)
Isabel Green
(medical)
William K. Hummer
(medical)
Barry J. Brock
(medical)
Michael P. Nageotte M.D.
(medical)
Margaret Jane Miller
(medical)
Allan Keith Miller
(technical)
Scott Carder
(medical)
Raymond Paladino
(technical)
Scott P. Serden M.D.
(medical)
Charles Imbus
(medical)
James T. Long
(medical)
Ellis C. Berkowitz
(medical)
Jean Lake M.D.
(medical)
Jacob E. Tauber M.D.
(medical)
Daniel D. Whitcraft III
(medical)
Robert W. Crommelin
(technical)
Calvin Haines
(technical)
Edward Nahabedian
(technical)
Barbara Luna
(technical)
Facts
On April 23, 1991, a traffic safety officer, employed by the defendant county allegedly made an illegal U-turn on a road under construction and collided with the plaintiff's vehicle. The plaintiff mother was eight months pregnant at the time. Her stomach struck the steering wheel upon impact, causing an abruption. The plaintiff mother was transported to the defendant hospital and ultimately to defendant hospital two. The defendant transportation department and company had an agreement with the defendant city, the owner of the easement, to perform the road construction work at the site. The plaintiff child was prematurely delivered at defendant hospital two by cesareian section and was allegedly injured at birth. The plaintiffs brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a $2,000,000 settlement demand which was reduced to an aggregate of $1,200,000 prior to trial (and then was withdrawn). The defendants made varying offers.
Specials in Evidence
$40,000 (plaintiff mother), $160,000 (plaintiff child) $_______ (plaintiff mother), $_______ (plaintiff child) $200,000 (plaintiff child) $_______ (plaintiff mother), $_______ (plaintiff child)
Damages
The plaintiffs claimed $_______________ in damages.
Injuries
The plaintiff child alleged that it suffered from impaired receptive learning abilities as a result of the accident. The plaintiff mother alleged that she suffered and will continue to suffer emotional distress and psychological trauma as a result of the accident.
Result
Settlement conferences were held beginning in August of 1995 through January of 1996, before Judge Owen Lee Kwong, retired, Enrique Romero and Kenneth Gafe resulting in a final settlement.
Other Information
The settlement was reached approximately three years and nine months after the case was filed. The plaintiff expert claimed she suffered traumatic stress disorder. The defendant's expert disagreed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390